On the agenda: Tippecanoe County meeting — DATA CENTER (Nov 4)

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THE

AREA PLAN COMMISSION
OF TIPPECANOE COUNTY

ORDINANCE & BYLAW COMMITTEE
NOTICE OF PUBLIC HEARING
DATE ................................................................................................ NOVEMBER 4, 2026
START TIME ............................................. Immediately following the 4:30pm Exec Committee mtg
MEETING END TIME ............................................................................................ 6:00PM
PLACE ........................................................................................... TIPPECANOE ROOM
COUNTY OFFICE BUILDING
20 NORTH 3RD STREET
LAFAYETTE, IN 47901
AGENDA
I.

APPROVAL OF MINUTES
from the September 2, 2026 meeting

II.

BATTERY ENERGY STORAGE SYSTEMS
A preliminary discussion regarding this type of land use (often called BESS)
to determine our future direction.

III.

CITIZEN COMMENTS

IV.

ADJOURNMENT

Membership of the APC Ordinance & Bylaw Committee:
(Committee members are appointed by the APC President to one-year terms starting each January.)
Larry Leverenz
Jackson Bogan
Tom Murtaugh
Gary Schroeder

Vicki Pearl
Diana Luper
Kathy Parker
Jerry Reynolds

APC \ AGENDAS \ OC
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (“ADA”), the
Area Plan Commission of Tippecanoe County will not discriminate against qualified individuals with
disabilities on the basis of disability in its services, programs, or activities. For more information visit
www.tippecanoe.in.gov/ada

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AREA PLAN COMMISSION OF TIPPECANOE COUNTY
ORDINANCE & BYLAW COMMITTEE
MINUTES OF A PUBLIC HEARING
DATE ................................................................................................................................ September 2, 2026
TIME ................................................................................................................................................. 4:36 P.M.
PLACE............................................................................................................. COUNTY OFFICE BUILDING
20 N. 3RD STREET
LAFAYETTE, IN 47901
This meeting was held in-person. Members of the public could watch the livestream of the meeting at
https://www.youtube.com/c/TippecanoeCountyGovernment

MEMBERS PRESENT
Larry Leverenz
Vicki Pearl
Diana Luper
Kathy Parker
Tom Murtaugh
Gary Schroeder

MEMBERS ABSENT
Jackson Bogan
Jerry Reynolds

STAFF PRESENT
Ryan O’Gara
Kathy Lind

Amanda Esposito
Eric Burns, Atty

Larry Leverenz called the meeting to order at 4:36 PM.
I.

APPROVAL OF MINUTES

Gary Schroeder moved to approve the minutes from the August 5, 2026, public hearing. Diana Luper
seconded, and the minutes were approved by unanimous voice vote.
II. LARGE DATA CENTERS
A proposed UZO amendment to replace the previous amendment regarding large data centers
(Amendment 123, adopted in November 2025) that is due to sunset in November 2026. This
proposal, unlike the previous quick-fix amendment, includes standards for this type of land use.
Amanda Esposito stated that based on discussion, research, and recommendations from last month’s
meeting on an initial draft amendment, staff had prepared an amended version. She went through the
layout of the amendment sections. The purpose of the meeting was to allow the committee members to
discuss the proposal, hear from members of the public, and to recommend passing the amendment onto
the APC before the sunset clause expired. This would allow development guidelines to be in place if a
proposed project was able to obtain I2 zoning and proceed with a special exception request. This step
would lay the groundwork that could be revisited later with additional proposals if needed.
Larry Leverenz suggested they walk through the proposed amendment by section.
Kathy Parker had a question on the 2MW limitation and what that referred to.
Eric Burns thought it might need to be further clarified.
Amanda Esposito clarified that was for an overall power draw at any given time. That was how energy
consumption was defined but the wording could be changed for people who were not familiar with energy
verbiage.
Gary Schroeder motioned to add language as stated, “…using less than 2MW of power at any given
time.” Kathy Parker seconded, and the motion carried by unanimous voice vote.
Tom Murtaugh pointed out Section 3(c)(4) and stated that he wanted improvements to the electrical grid
as part of the infrastructure outlined.
There was discussion on how specific the amendment should be regarding infrastructure requirements
and how sewer and water connections might affect infrastructure.

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Tom Murtaugh motioned add a requirement that any proposed data center would be required to hook up
to an existing water provider. Kathy Parker seconded, and the motion carried by unanimous voice vote.
Tom Murtaugh motioned to add requirement that any proposed data center would be required to hook up
to an existing wastewater treatment facility, following all local pretreatment ordinances. Gary Schroeder
seconded.
There was discussion on where to insert proposed language into the amendment.
The motion carried by unanimous voice vote.
Tom Murtaugh, referring to Section 8, suggested that they be more specific on the closed-loop system
and specify that it be a 100% liquid-cooled closed-loop cooling system.
There was discussion on how specific to make the amendment on a cooling system and effectiveness of
systems.
Tom Murtaugh motioned to add language so the amendment would read “…a closed-loop cooling system
approved by both the AO and local water service provider. Gary Schroeder seconded, and the motion
carried by unanimous voice vote.
Tom Murtaugh pointed out Section 3(c)(14) outlined a road-use agreement, and feedback he received
was that an e-waste disposal policy should also be included. He also wanted a community benefits
agreement, like an economic development agreement.
Eric Burns added that part of the terms could include the developer paying the full cost of e-waste
treatment.
Tom Murtaugh motioned that a requirement be added for an e-waste policy from the company. Diana
Luper seconded, and the motion carried by unanimous voice vote.
Tom Murtaugh motioned to add in Section 3(c)(14), a community benefits agreement or economic
development agreement approved by the participating jurisdiction. Diana Luper seconded, and the motion
carried by unanimous voice vote.
Tom Murtaugh motioned to add language that the cost of training and any specialized equipment needed
to fight fires in the facility be burdened by the data center company. Gary Schroeder seconded.
Eric Burns, also referring to Section 3(c)(17), suggested adding language that included any participating
jurisdiction, due to mutual aid from other organizations.
The motion carried by unanimous voice vote.
Tom Murtaugh motioned to allow the AO to waive the requirement that all structures be removed, as part
of the decommissioning plan. Gary Schreoder second.
There was discussion on Section 5 regarding structures in the decommissioning plan, both above and
below ground, and what discretion was already outlined for the AO. It was decided that the current
language in the proposed amendment satisfied the intent.
No vote was taken and the motion did not carry.
There was further discussion on underground structures, specifically fuel tanks

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Amanda Esposito stated that fuel tanks were regulated and overseen by the Indiana Department of
Environmental Management (IDEM). She suggested removing “above-ground” from the structures and
features outlined in the decommissioning plan.
Larry Leverenz pointed out a section of the amendment that identified a property for vehicle service use.
Because data centers were being added into existing ordinance language, that section was not
applicable.
Eric Burns recommended that the sentence be changed to, “…shall include the removal of all equipment
and structures on site.” He indicated that the “above-ground” distinction would then not need to be
removed.
Tom Murtaugh stated he had received input from an electrical provider who indicated that when a
company had to pay to upgrade the grid, there was a negotiation to pay that back to the provider over 10
years. It was suggested to add language that should a company shut down prior to that 10-year period,
there would be a bond that would pay back the utility, so it was not passed onto the ratepayer.
There was discussion on bonding and preventing rate increases.
Tom Murtaugh motioned that a performance or surety bond would be required for any infrastructure that
was financed. Gary Schroeder seconded, and the motion carried by unanimous voice vote.
Larry Leverenz called for public comment.
Ken Kish, 203 Cheshire Lane, Lafayette, pointed out that there was no mention of an emergency
reclamation plan for leaks, spills, or cooling system failures. He talked about the risks of leaks and
failures, specifically related to the ethylene glycol that was a component of cooling systems. He asked the
board to consider 4 items for Section 3 of the amendment: a secondary containment system sized to hold
the full volume of the loop, leak detection with automatic shut off, a spill response plan with the county
before the permission the permit was issued (naming who gets called and within what time frame), and
disclosure of the coolant chemistry (what fluid, what volume, and what its hazard profile was).
Sally Mohler 4033 Willowood Drive, Lafayette, talked about noise impacts from data centers and related
health issues including seizure disorders, chronic fatigue, mental health issues, and cardiovascular
issues. Noise also impacted wildlife.
Don Coller, 431 Jennings St, West Lafayette, talked about risks and statistics outlined by Ceres, a
nonprofit advocacy organization that developed a corporate code of environmental conduct.
Addison Edwards, 4807 Osprey Dr E, Lafayette, asked the committee to not approve zoning of data
centers. She talked about the repercussions and long-term effects of data centers impacting people in 1020 years.
David Whittinghill, 921 Hall Road, Lafayette, talked about the need for enforcement mechanisms and
transparency with companies. He suggested adding public hearings instead of allowing the AO to waive
requirements.
Tom Murtaugh had a question about the closed-loop systems, believing that they were strictly comprised
of water.
Amanda Esposito indicated that details on the closed-loop system would be addressed with the
amendment requirement that plans be provided.
Vicki Pearl asked how that would address leaks.
There was discussion on whether state agencies would be involved in monitoring cooling systems.

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Tom Murtaugh asked about the specific wording Ken Kish used.
Ken Kish, 203 Cheshire Lane, Lafayette, reiterated that he recommended a spill response plan filed with
the county before the permit was issued, naming who was called and within what time frame. He
mentioned state agencies may monitor cooling systems, but their job was to respond after something
went wrong. The ordinance required a decommissioning plan before a permit was issued and the same
logic should be applied to coolant operations. He explained the properties of ethylene glycol in coolant
systems.
Tom Murtaugh said an internet search stated that DNR regulated systems, not IDEM.
Diana Luper added that they would still need to be notified of a leak.
Eric Burns could only find references to Indiana residential code.
Larry Leverenz directed staff to investigate the approval process for closed-loop systems.
Tom Murtaugh motioned to send the amendment to the full APC for approval, as edited, with the
possibility of adding onto the closed-loop system. Diana Luper seconded, and the motion carried by
unanimous voice vote.
III. CITIZEN COMMENTS
Sally Mohler 4033 Willowood Drive, Lafayette, suggested the commission refer to the Ratepayer
Protection Pledge introduced by President Trump in March 2026, which addressed protecting consumers
from bearing the increased electricity costs associated with the growth of AI data centers.
IV. ADJOURNMENT
Diana Luper moved to adjourn. The meeting adjourned at 5:41 pm.
Respectfully Submitted,
Danielle Bistline
Recording Secretary
Reviewed By,

Ryan O’Gara
Executive Director