On the agenda: Hampton meeting — data center (Jan 15)

CITY OF HAMPTON
MAYOR AND CITY COUNCIL
SPECIAL CALLED MEETING AGENDA
January 15, 2026
6:30 p.m.
COUNCIL CHAMBER, CITY HALL
17 EAST MAIN STREET SOUTH, HAMPTON, GA 30228.

1. Opening Ceremonies
A. Call to Order
2. New Business

A. Council discussion of a 120-day moratorium on data centers within the City of
Hampton city limits

B. Council discussion of a 120-day moratorium on annexations into the City of
Hampton city limits

3. Executive Session for the purpose of legal, personnel, real estate, and/or Cyber
Security.

4, Adjournment.

ADA Compliance: Individuals with disabilities who require certain accommodations to allow them to observe and/or participate in this
meeting, or who have questions regarding the accessibility of the meeting, or the facilities are required to contact the City Clerk at 770-
946-4306 promptly on the Thursday before the meeting to allow the City to make reasonable accommodations for those needing
assistance.

NOTICE OF PUBLIC HEARING
CITY OF HAMPTON, GEORGIA

PUBLIC NOTICE is hereby given that on Tuesday, February 10, 2026, during the regularly
scheduled meeting of the Mayor and City Council of the City of Hampton, Georgia, the Mayor
and City Council will hold a public hearing to consider the adoption of resolutions establishing
two separate one hundred twenty (120) day moratoria within the City of Hampton, Georgia.

The public hearing will be held at Hampton City Hall, located at 17 East Main Street South,
Hampton, Georgia, during the City Council meeting scheduled to begin at 6:30 p.m.

The first proposed resolution would establish a one hundred twenty (120) day moratorium on the
acceptance, processing, review, and approval of new data center-related zoning and development
applications and associated development permits within the City of Hampton. The purpose of this
moratorium is to allow the City to evaluate public infrastructure and service capacity and consider
potential amendments to the City’s zoning and land use regulations applicable to data center uses.

The second proposed resolution would establish a one hundred twenty (120) day moratorium on
the acceptance, processing, consideration, and approval of new annexation petitions or requests
seeking to annex property into the municipal limits of the City of Hampton. The purpose of this
moratorium is to allow the City to evaluate annexation policies, service delivery capacity,
infrastructure impacts, and long-term growth and planning objectives before accepting and
approving additional annexations.

Each moratorium, if adopted, shall commence on February 11, 2026, and shall conclude on June
10, 2026, unless earlier terminated or extended by resolution of the Mayor and City Council.

All interested persons are invited to attend and be heard.

STATE OF GEORGIA
CITY OF HAMPTON

RESOLUTION NO. 2026-07

A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF
HAMPTON, GEORGIA ESTABLISHING A ONE HUNDRED AND TWENTY (120) DAY
MORATORIUM ON DATA CENTER APPLICATIONS AND ASSOCIATED
DEVELOPMENT PERMITS; PROVIDING LEGISLATIVE FINDINGS AND PURPOSE;
DEFINING SCOPE, EXCEPTIONS, AND DURATION; TO PROVIDE AN EFFECTIVE
DATE; AND FOR OTHER LAWFUL PURPOSES.

WHEREAS, the City of Hampton, Georgia (“City”) is a municipal corporation duly
organized and existing under the laws of the State of Georgia and is authorized to enact zoning
and land use regulations pursuant to its police powers and applicable state law; and

WHEREAS, the Mayor and City Council of the City are vested with authority to regulate
the use and development of land within the City in order to promote the public health, safety,
morals, and general welfare of the community; and

WHEREAS, Georgia law recognizes that local governments may impose moratoria on
zoning decisions, building permits, and other development approvals where exigent circumstances
warrant the same, pursuant to case law found at City of Roswell et al v. Outdoor Systems, Inc., 274
Ga. 130, 549 S.E.2d 90 (2001); Lawson v. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); Taylor v.
Shetzen, 212 Ga. 101, 90 S.E.2d 572 (1955); and

WHEREAS, the Georgia Supreme Court, in the case of DeKalb County v. Townsend, 243
Ga. 80 (1979) held, "To justify a moratorium, it must appear first, that the interests of the public
generally, as distinguished from those of a particular class, require such interference; and second,
that the means are reasonably necessary for the accomplishment of the purpose, and not unduly
oppressive upon individuals." The City has found that the interests of the public necessitate the
enactment of a moratorium for health, safety, morals, and general welfare purposes by means
which are reasonable and not unduly oppressive; and

WHEREAS, the City has experienced increasing interest in the siting and development of
large-scale data center facilities, which by their nature may involve substantial consumption of
water, significant electrical load demands, increased infrastructure capacity requirements, and
impacts to transportation systems and public safety services; and

WHEREAS, certain proposed or anticipated data center developments may meet or
approach the thresholds for classification as a Development of Regional Impact (“DRI”) under
Georgia law, thereby requiring coordinated review and analysis of regional impacts; and

WHEREAS, the City recognizes the importance of ensuring that development with
potential regional impacts is reviewed in coordination with the appropriate regional planning
authority, including the Atlanta Regional Commission; and

WHEREAS, the Mayor and Council has determined that additional time is necessary to
allow for coordination regarding DRI review requirements, to evaluate the adequacy of existing
public infrastructure and municipal services to support data center development, and to consider
potential amendments to the City’s zoning and development regulations applicable to such uses;
and

WHEREAS, the Mayor and Council, therefore, consider it paramount that land use
regulation continue in the most orderly and predictable fashion with the least amount of
disturbance to landowners and to the citizens of the City. The Mayor and Council have always
had a strong interest in growth management so as to promote the traditional police power goals of
health, safety, morals, aesthetics and the general welfare of the community; in particular, the
lessening of congestion on City streets, security of the public from crime and other dangers,
promotion of health and general welfare of its citizens, protection of the aesthetic qualities of the
City including access to air and light, and facilitation of the adequate provision of transportation
and other public requirements; and

WHEREAS, it is the belief of the Mayor and Council that the concept of "public welfare"
is broad and inclusive; that the values it represents are spiritual as well as physical, aesthetic as
well as monetary; and that it is within the power of the City "to determine that a community should
be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully
patrolled," Berman v. Parker, 348 U.S. 26, 75 S.Ct. 98 (1954); Kelo v. City of New London, 545
US. 469, 125 S. Ct. 2655, 162 L. Ed. 2d 439 (2005). It is also the opinion of the City that "general
welfare" includes the valid public objectives of aesthetics, conservation of the value of existing
lands and buildings within the City, making the most appropriate use of resources, preserving
neighborhood characteristics, enhancing, and protecting the economic well-being of the
community, facilitating adequate provision of public services, and the preservation of the resources
of the City.

WHEREAS, the Mayor and Council find that the approval of additional data center
applications during the pendency of such review and evaluation could result in development
inconsistent with the City’s planning objectives or infrastructure capacity and could adversely
affect the public health, safety, and welfare; and

WHEREAS, the Mayor and Council further find that a temporary moratorium of limited
duration is a reasonable and necessary legislative tool to preserve the status quo while the City
undertakes such planning and review, and that such moratorium is narrowly tailored in scope and
duration and is not intended to permanently prohibit data center development within the City.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City
of Hampton, Georgia, as follows:

Section 1. Findings of Fact. The Mayor and Council hereby make the following findings
of fact:

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(a) The City’s current zoning and land use regulations require additional review as they
relate to the siting, intensity, and infrastructure impacts of data center facilities;

(b) Approval of additional data center-related zoning and development applications prior
to completion of such review could result in development inconsistent with the City’s long-term
planning objectives and infrastructure capacity;

(©) It is necessary and in the public interest to temporarily delay the acceptance and
approval of such applications in order to allow for coordinated planning and regulatory review;
and

(d) The Georgia Supreme Court has recognized that limited, generally applicable moratoria
of reasonable duration are permissible and do not constitute an unlawful taking of property.

Section 2. Imposition of Moratorium.

(a) There is hereby imposed a moratorium on the acceptance, processing, review, and
approval of new applications for rezonings, conditional use permits, special use permits, site plans,
variances, building permits, or other zoning or development approvals whose primary purpose is
the development or expansion of a data center facility.

(b) This moratorium shall apply citywide and shall be generally applicable to all properties
and applicants.

(c) This moratorium shall not apply to applications submitted or approvals granted prior to
the effective date of this Resolution, nor to projects for which vested rights have accrued under
Georgia law.

(d) Any application submitted or accepted in violation of this Resolution shall be deemed
null and void and shall confer no rights upon the applicant.

Section 3. Exclusions and Exceptions. This moratorium shall not apply to:

(a) Any project for which the applicant has obtained vested rights under Georgia law prior
to the effective date of this Resolution;

(b) Applications that received final zoning approval prior to the effective date of this
Resolution and for which only ministerial permits remain, provided no material modification to
the approved development is proposed;

(c) Routine inspections, maintenance, repair, or replacement activities for existing legally
established data center facilities that do not increase intensity, capacity, footprint, or operational
impact; or

(d) Emergency work necessary to protect life, property, or public safety.

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Section 4. Duration. This moratorium shall be in effect for a period of one hundred twenty
(120) days from the effective date of this Resolution, unless earlier terminated or extended by
resolution of the Mayor and Council. Any extension of the moratorium shall require adoption of a
subsequent resolution supported by additional legislative findings and compliance with all
applicable public notice and hearing requirements.

Section 5. Planning and Review Activities. During the pendency of the moratorium, the
City may undertake one or more of the following actions: (i) coordinate with the Atlanta Regional
Commission regarding applicable DRI review requirements; (ii) evaluate the capacity of public
infrastructure and municipal services to accommodate data center development; (iii) review and
consider amendments to the City’s zoning ordinance or development regulations applicable to data
center uses; and (iv) develop standards or procedures to ensure that future data center development
is consistent with the City’s comprehensive planning objectives.

Section 6. Severability.

(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses, and phrases of this Resolution are and were, upon their enactment,
believed by the City to be fully valid, enforceable, and constitutional.

(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause, or phrase of this
Chapter is severable from every other section, paragraph, sentence, clause, or phrase of this
Resolution. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Resolution
is mutually dependent upon any other section, paragraph, sentence, clause, or phrase of this
Resolution.

(c) In the event that any phrase, clause, sentence, paragraph or section of this Resolution
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Resolution shall remain valid, constitutional, enforceable, and of full force and
effect.

Section 7. Effective Date. This Resolution shall become effective upon adoption by the
Mayor and City Council of the City of Hampton, Georgia.

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SO RESOLVED this 13th day of January, 2026.
CITY OF HAMPTON, GEORGIA

Ann Tarpley, Mayor

ATTEST:

(SEAL)

City Clerk

APPROVED AS TO FORM:

City Attorney

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STATE OF GEORGIA
CITY OF HAMPTON

RESOLUTION NO. 2026-08

A RESOLUTION BY THE MAYOR AND COUNCIL OF THE CITY OF
HAMPTON, GEORGIA ESTABLISHING A ONE HUNDRED AND TWENTY (120) DAY
MORATORIUM ON THE ACCEPTANCE, PROCESSING, AND APPROVAL OF
ANNEXATION PETITIONS AND REQUESTS INTO THE MUNICIPAL LIMITS OF THE
CITY; PROVIDING LEGISLATIVE FINDINGS AND PURPOSE; DEFINING SCOPE,
EXCEPTIONS, AND DURATION; TO PROVIDE AN EFFECTIVE DATE; AND FOR
OTHER LAWFUL PURPOSES.

WHEREAS, the City of Hampton (“City”) is a municipal corporation duly organized and
existing under the laws of the State of Georgia and is vested with legislative and home-rule
authority to govern matters affecting the City’s municipal boundaries, growth, and provision of
public services; and

WHEREAS, the Mayor and City Council of the City are vested with authority to regulate
the use and development of land within the City in order to promote the public health, safety,
morals, and general welfare of the community; and

WHEREAS, Georgia law recognizes that local governments may impose moratoria on
zoning decisions, building permits, and other development approvals where exigent circumstances
warrant the same, pursuant to case law found at City of Roswell et al v. Outdoor Systems, Inc., 274
Ga. 130, 549 S.E.2d 90 (2001); Lawson v. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); Taylor v.
Shetzen, 212 Ga. 101, 90 S.E.2d 572 (1955); and

WHEREAS, the Georgia Supreme Court, in the case of DeKalb County v. Townsend, 243
Ga. 80 (1979) held, "To justify a moratorium, it must appear first, that the interests of the public
generally, as distinguished from those of a particular class, require such interference; and second,
that the means are reasonably necessary for the accomplishment of the purpose, and not unduly
oppressive upon individuals." The City has found that the interests of the public necessitate the
enactment of a moratorium for health, safety, morals, and general welfare purposes by means
which are reasonable and not unduly oppressive; and

WHEREAS, annexation of property into the municipal limits of the City results in the
extension of municipal jurisdiction, services, infrastructure obligations, and regulatory authority,
including but not limited to zoning, public safety, utilities, and code enforcement; and

WHEREAS, the Mayor and City Council have determined that the City has experienced,
or may experience, increased interest in annexation requests that could materially impact the City’s
ability to provide services in a fiscally responsible and orderly manner; and

WHEREAS, the City finds that additional time is reasonably necessary to evaluate
annexation policies, service delivery capacity, infrastructure impacts, and long-term growth
objectives before accepting and approving additional annexations; and

WHEREAS, the City further finds that a temporary, generally applicable moratorium on
annexations is a reasonable and necessary legislative tool to preserve the status quo while such
evaluation and planning efforts are undertaken; and

WHEREAS, this moratorium is narrowly tailored in scope and duration, is not intended to
permanently prohibit annexation, and is adopted solely to allow the City sufficient time to conduct
policy review and planning activities.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City
of Hampton, Georgia, as follows:

Section 1. Findings of Fact. The Mayor and Council hereby make the following findings
of fact:

(a) That recent growth and development activity have created increased demands on the
City’s municipal services, infrastructure, staffing, and financial resources, warranting further
evaluation before additional annexations are considered;

(b) That annexation of additional properties may have material fiscal and service delivery
impacts on the City, and that additional time is needed to assess the City’s capacity to provide
municipal services in a fiscally responsible and orderly manner;

(c) That a temporary moratorium on the acceptance and consideration of new annexation
requests will allow the City to review existing annexation policies, service capacity, and long-term
planning objectives to ensure consistency with the public health, safety, and welfare; and

(d) That this moratorium is temporary in nature, narrowly tailored in scope and duration,
and is not intended to permanently prohibit annexation or impair vested rights under Georgia law.

Section 2. Imposition of Moratorium.

(a) There is hereby imposed a moratorium on the acceptance, processing, consideration,
and approval of new annexation petitions, applications, or requests seeking to annex property into
the municipal limits of the City of Hampton, whether initiated by property owners, electors, or by
any other lawful method authorized under O.C.G.A. § 36-36-1 ef seq.;

(b) This moratorium shall apply citywide and shall be generally applicable to all properties
and potential annexation requests; and

(c) Any annexation petition or request submitted or accepted in violation of this Resolution
shall be deemed null and void and shall confer no rights upon the applicant.

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Section 3. Exclusions and Exceptions. This moratorium shall not apply to:

(a) Annexation petitions that were fully submitted and accepted by the City prior to the
effective date of this Resolution;

(b) Annexations previously approved by the Mayor and Council prior to the effective date
of this Resolution; or

(c) Actions necessary to correct clerical errors or to finalize annexations already lawfully
approved.

Section 4, Duration. This moratorium shall be in effect for a period of one hundred twenty
(120) days from the effective date of this Resolution, unless earlier terminated or extended by
resolution of the Mayor and Council. Any extension of the moratorium shall require adoption of a
subsequent resolution supported by additional legislative findings and compliance with all
applicable public notice and hearing requirements.

Section 5. Public Notice and Hearing. Prior to adoption of this Resolution, the City has
provided public notice and conducted a public hearing before the Mayor and City Council. Such
notice and hearing were provided voluntarily and in the interest of transparency and public
participation, notwithstanding that annexation decisions are not subject to the Georgia Zoning
Procedures Law.

Section 6. Severability.

(a) It is hereby declared to be the intention of the Mayor and Council that all sections,
paragraphs, sentences, clauses, and phrases of this Resolution are and were, upon their enactment,
believed by the City to be fully valid, enforceable, and constitutional.

(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest
extent allowed by law, each and every section, paragraph, sentence, clause, or phrase of this
Chapter is severable from every other section, paragraph, sentence, clause, or phrase of this
Resolution. It is hereby further declared to be the intention of the Mayor and Council that, to the
greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Resolution
is mutually dependent upon any other section, paragraph, sentence, clause, or phrase of this
Resolution.

(c) In the event that any phrase, clause, sentence, paragraph or section of this Resolution
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the
greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any
of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution and that, to
the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and
sections of the Resolution shall remain valid, constitutional, enforceable, and of full force and
effect.

Page 3 of 4

Section 7. Effective Date. This Resolution shall become effective upon adoption by the
Mayor and City Council of the City of Hampton, Georgia.

SO RESOLVED this 13th day of January, 2026.

CITY OF HAMPTON, GEORGIA

Ann Tarpley, Mayor
ATTEST:

(SEAL)

City Clerk

APPROVED AS TO FORM:

City Attorney

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