On the agenda: Newberry Agenda for [title] — Data Center (Jul 15)

NEWBERRY COUNTY COUNCIL
COUNTY COUNCIL AGENDA
NEWBERRY COURTHOUSE ANNEX
1309 COLLEGE STREET, NEWBERRY, SC 29108
July 15, 2026
6:00 P.M.

1. Call to order: Robert Shealy, Chairman.
2. Invocation and Pledge of Allegiance: Karl Sease, Vice-Chair.
3. Adoption of Minutes:
a. Newberry County Economic Development Committee Minutes – June 15, 2026.
b. Newberry County Council Work Session Minutes – June 17, 2026.
c. Newberry County Council Minutes – June 17, 2026.
4. Approval of Agenda.
5. Proclamations/Resolutions:
a. Proclamation recognizing July as Parks and Recreation Month in Newberry
County.
6. Administrator’s Report:
a. Employee Recognition: Kelly Nobles (35 years Probate Court).
b. Project Updates
7. Chairman’s Comments.
8. Public Hearings:
a. Ordinance 06-01-2026 to provide for a limited and temporary moratorium on
Data Centers in Newberry County and invoking application of the Pending
Ordinance Doctrine.
9. Public Comments Regarding Items on the Agenda (three minutes).
10. Old Business:
a. Third Reading – Ordinance 06-01-2026 to provide for a limited and temporary
moratorium on Data Centers in Newberry County and invoking application of the
Pending Ordinance Doctrine.
1

11. New Business:
a. Ordinance 07-01-2026 to provide for the issuance and sale of a general
obligation bond, not exceeding $650,000 principal amount, to provide for the
payment of 2014 Installment Purchase Revenue bond and 2026 Lease Purchase –
Title Only.
12. Appointments:
a. Newberry County Memorial Hospital Board – District 5.
13. Adjournment.

Future Meetings:
.
a.
b.
c.
d.
e.
f.

Newberry County Public Safety Committee – July 20 at 5 p.m.
Newberry County Council Work Session – August 5 at 5 p.m.
Newberry County Council – August 5 at 6 p.m.
Newberry County Council Work Session – August 19 at 5 p.m.
Newberry County Council – August 19 at 6 p.m.
Newberry County Economic Development Committee – August 24 at 6 p.m.
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NEWBERRY COUNTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
June 15, 2026
Newberry County Council Economic Development Committee met on Monday, June 15, 2026,
at 5:00 p.m. in Council Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC,
for a regular scheduled meeting.
Notice of the meeting was duly advertised, as required by law.
PRESENT:

Karl Sease, Committee Chair
Travis Reeder, Committee Member
Robert N. Shealy, Committee Member
Ted Luckadoo, County Administrator
Rick Farmer, Economic Development Director
Jessie Long, Economic Development Coordinator
Eric Nieto, I.T. Director
Andrew Wigger, Clerk to Council/PIO

1. Call to Order – Karl Sease, Chairman.


Mr. Sease called the meeting to order at 5 p.m.

2. Invocation and Pledge of Allegiance – Travis Reeder, Committee Member.


Mr. Reeder led the Invocation and Pledge of Allegiance.

3. Adoption of the Agenda.


Mr. Shealy made a motion to strike Item Six (Executive Session) from the agenda
as there were not many new projects; Mr. Reeder provided the second and the
motion carried 3-0. The agenda was approved as amended.

4. Public Comments.


There were no public comments.

5. Staff Report
NEWBERRY COUNTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 15, 2026
MINUTES
PAGE 1

a. Updates – Product/Prospect Development:
I.


Project/Property Stats.

Mr. Farmer said they recently had 10 opportunities and only two project
submissions out of that. He said more than half of the project request are for
existing buildings.



At present, Newberry County only has one existing building for economic
development, a 43,000 square feet facility.



Mr. Farmer said the process works as such, they get a request for submission or a
request for information, they ask for speciŃcs of what they are looking for. At that
point, staff will decide if they have a site that meets the basic criteria. At this
point, they do not know what type of project it is.



Mr. Farmer said these turn into real projects when they get a visit on the ground.
o Mr. Shealy asked if they really know what the project is at that stage; Mr.
Farmer said no and said as an example that they didn’t know Samsung was
the manufacturer until about the three-month mark.



Mr. Farmer said most projects die after the submission and often they do not hear
anything back.



Mr. Farmer said the lack of empty buildings or shovel ready sites continues to hurt
them and all of their competitors are investing in infrastructure, pads, and spec
buildings. He said it is expensive to get ready, and they’ve done everything they
could to get to where they are today.
II.

Water/Wastewater Improvements at Mid-Carolina Commerce Park –
substantial completion.



Mr. Farmer said this project is now complete.
III.

Extension of Mawson’s Way at Newberry Industrial Park – substantial
completion.



Mr. Farmer said this project is now complete.
NEWBERRY COUNTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 15, 2026
MINUTES
PAGE 2

b. Strategic Planning:
I.

Site Enhancement Grant Award – Road extension and pad construction at
MCCP.



Mr. Farmer reviewed what they have done, and what they have planned for MidCarolina Commerce Park, including the creation of a pad ready site.
II.

Exploring implications of switching to the Central Midlands Council of
Governments.



Mr. Farmer said they are in the Upper Savannah Council of Governments for
workforce development, but the county is in the Central Midlands Council of
Governments for transportation, economic development, etc. Mayor Foster Senn
made a request for consideration for the county to join the Central Midlands
Council of Governments for workforce development.



Mr. Sease said he thinks they should proceed with it as he serves on the Central
Midlands Council of Governments, and he gets to do all those things except
workforce development. He said primarily, it is a lot closer, and better
transportation routes to FairŃeld, Lexington and Richland counties.



Mr. Shealy agreed and said that would be their best choice since most of their
residents work in that area.



Mr. Luckadoo said what they are looking into is the contract, to see how much
time is left on the current contract and could they make the move now or wait.



Mr. Shealy asked if now is the time to sign up for Central Midlands Council of
Governments; to which staff answered in the afŃrmative.



Mr. Luckadoo said you can only pull funding from one, not both, he believes, but
maybe they could stay advisory on the Upper Savannah Council of Governments.
III.



Naming of extension of Mawson’s Way.

Mr. Farmer said it is time to name this road and provided some suggestions:
Mawson’s Way Extension, JEN Avenue, Hidden Pond Road, Entrance Way.



Mr. Farmer mentioned Meredith Cleveland was once an owner of that land and
that could be an option, as well.
NEWBERRY COUNTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 15, 2026
MINUTES
PAGE 3



Mr. Reeder asked if there was an International Blvd. in the county; Mr. Farmer and
Ms. Long were unaware. Mr. Shealy said “International” would be a good name to
use.

6. Executive Session §30-4-70 (a)(2) and (a)(5): Discussion of matters incident to proposed
contractual arrangements, and related to the proposed location, expansion, or the provision
of services encouraging location or expansion of industries or other business in the area
served by the public body.
6. Comments by and discussion items from the Committee Members.


Mr. Reeder said all of these Economic Development meetings are great and he
appreciates it.



Mr. Shealy said he appreciates the information and he looks forward to them
getting some more projects to work on, but hopefully that pad will help them out.



Mr. Sease thanked them for their hard work, and they just need to keep moving
forward.

7. Adjourn.


Mr. Shealy made a motion to adjourn; Mr. Reeder provided the second and the
motion carried 3-0.



The Newberry County Economic Development Committee adjourned at 5:19 p.m.
NEWBERRY COUNTY COUNCIL

Karl Sease, Chairman

Andrew Wigger, Clerk to Council
Minutes Approved: ________________

NEWBERRY COUNTY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 15, 2026
MINUTES
PAGE 4

NEWBERRY COUNTY COUNCIL WORK SESSION
MINUTES
June 17, 2026
Newberry County Council met on Wednesday, June 17, 2026, at 5:00 p.m. in Council
Chambers at the Courthouse Annex, 1309 College Street, Newberry, SC, for a Work
Session.
Notice of the meeting was duly advertised, as required by law.
PRESENT:

Robert Shealy, Chairman
Karl Sease, Vice-Chairman
Todd Johnson, Council Member
Travis Reeder, Council Member
Stuart Smith, Council Member
Ted Luckadoo, County Administrator
Joanie Winters, County Attorney
Debbie Cromer, Finance Director
Tommy Long, Emergency Services Director
Eric Nieto, IT Director
Josh Rowe, Public Works Director
Crystal Waldrop, Purchasing Director
Andrew Wigger, Clerk to Council/PIO

MISSING:

Leon Fulmer, Council Member
Johnny Mack Scurry, Council Member

1. Call to order: Robert Shealy, Chairman.


Mr. Shealy called the meeting to order at 5 p.m.



Mr. Shealy said Mr. Fulmer was absent so he could attend his son’s Beta
Club Convention in Tennessee.

2. Review of the following bids and proposals:
NEWBERRY COUNTY COUNCIL WORK SESSION
JUNE 17, 2026
MINUTES
PAGE 1

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

a. Discussion of consulting services at the Newberry County Airport
(RFP 2026-05).
Staff received four responses. The scoring committee consisted of Mr.
Josh Rowe, Mr. Mac Bartley, and Ms. Waldrop.
Ardurra was the highest ranked firm and is the recommendation of the
committee. The funds are budgeted annually, and staff will work with
the chosen firm to keep the contract within budget. The FAA requires
the county contract with a firm to retain these services.
Mr. Johnson asked that this is something that is qualification based, not
a bid price; Ms. Waldrop answered in the affirmative.
b. Discussion of the bids for Gallman Place roof replacement (RFP
2026-02).
Staff received 12 responses; the lowest bidder was not deemed
responsive due to the omission of required materials in the bid process.
The next lowest bidder, Summer Roofing Company in the amount of
$361,500.
The funds are budgeted and are part of a grant issued to the Building
Thriving Communities Foundation by the State.
Mr. Shealy clarified that the reason they did not go with the lowest
bidder was because they were non-responsive. Ms. Waldrop answered in
the affirmative and said they did not sign their bid bond and were not
willing to provide proof of their capability to be bonded for a
performance and payment bond until they met on site.
Mr. Smith asked if this was a completely new roof; Ms. Waldrop
answered in the affirmative.
c. Discussion of the bids for the Public Safety Complex (2022 CPST)
(RFP 2026-06).
Staff received nine responses and the recommendation was to accept
the low bid from Dunbar Construction in the amount of $6,933,739,
which included three of the alternates. This is under budget.
Mr. Johnson asked how many alternates were there; Ms. Waldrop said
there were four alternates, the first was at no cost from the low bidder,
the second was an addition of $5,170 (above ground fuel tanks), the
NEWBERRY COUNTY COUNCIL WORK SESSION
JUNE 17, 2026
MINUTES
PAGE 2

third was a subtraction of $6,380 (change in emergency lighting), and
the fourth is an addition of $20,526 (capturing some of the sanitary
sewer). They were able to get everything in.
d. Discussion of the bids for the Newberry County Airport Taxiway A
rehabilitation (RFP 2026-08).














Staff received two responses with Satterfield Construction being the low
bidder.
Funds are budgeted in the 2026-27 fiscal year to cover Newberry
County’s match for both projects in the amount of $45,402. The bid
amount is $1,454,277.75.
Mr. Smith requested staff explain about the procedure for the work; Mr.
Rowe said it will be a complete replacement, milling it up down to the
base.
Mr. Smith asked if they would keep the same parking lot or make it
bigger; Mr. Rowe said it will get a little bigger with approximately four
or five extra spaces, and it will be a singular drive in and out.
Mr. Luckadoo said the FAA decided to also contribute to the parking lot,
and the bids came in under budget.
e. Discussion of the bids for Scurry Church Road and Henry Longshore
Road improvements (RFP 2026-07).
Staff received two responses with Satterfield Construction being the
lowest responsive bidder in the amount of $273,300 for both roads.
Mr. Rowe said Scurry Church Road will be full depth patching only and
Henry Longshore Road will be a full pave for that road.
Mr. Johnson asked if this will fix Scurry Church Road back up; Mr. Rowe
said once all is said and done, it should be a better riding road.
Mr. Johnson asked if they could mark that road as no trucks; Mr. Rowe
said it already is.
f. Discussion of HVAC maintenance for Newberry County Facilities (RFP
2026-09).

NEWBERRY COUNTY COUNCIL WORK SESSION
JUNE 17, 2026
MINUTES
PAGE 3





Staff received four responses for this request for proposals. The
evaluation committee consisted of Mr. Scott Sawyer, Mr. Mac Bartley
and Ms. Waldrop. Fulmer Heating and Cooling was the highest ranked
firm and is the recommendation of the committee.
This will be a three-year contract, with the option to renew it for two
consecutive one-year terms.

3. Adjournment.


Mr. Smith made a motion to adjourn; Mr. Sease provided the second and the
motion carried 5-0.



The Newberry County Council Work Session adjourned at 5:17 p.m.
NEWBERRY COUNTY COUNCIL

Robert Shealy, Chairman

Andrew Wigger, Clerk to Council
Minutes Approved: ________________

NEWBERRY COUNTY COUNCIL WORK SESSION
JUNE 17, 2026
MINUTES
PAGE 4

NEWBERRY COUNTY COUNCIL
MINUTES
June 17, 2026
Newberry County Council met on Wednesday, June 17, 2026, at 6:00 p.m. at the Newberry
County Council Chambers at 1309 College Street, Newberry, SC, for a regular scheduled
meeting.
Notice of the meeting was duly advertised, as required by law.
PRESENT:

Robert Shealy, Chairman
Karl Sease, Vice-Chairman
Todd Johnson, Council Member
Travis Reeder, Council Member
Johnny Mack Scurry, Council Member
Stuart Smith, Council Member
Ted Luckadoo, County Administrator
Joanie Winters, County Attorney
Karen Brehemer, Deputy County Administrator
Rick Farmer, Economic Development Director
Sheriff Lee Foster, NCSO
Eric Nieto, IT Director
Josh Rowe, Public Works Director
Crystal Waldrop, Purchasing Director
Katie Werts, Planning and Zoning Director
Andrew Wigger, Clerk to Council/PIO

ABSENT:

Leon Fulmer, Council Member

1. Call to order: Robert Shealy, Chairman.



Mr. Shealy called the meeting to order at 6 p.m.
Mr. Shealy said Mr. Fulmer was absent so he could attend his son’s Beta Club
Convention in Tennessee.

2. Invocation and Pledge of Allegiance: Johnny Mack Scurry, Council Member.
NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 1



Mr. Scurry led the Invocation and Pledge of Allegiance.

3. Adoption of Minutes:
a. Newberry County Council Minutes – June 3, 2026.


Mr. Scurry made a motion to accept the minutes as presented; Mr. Sease provided
the second and the motion carried 6-0.

4. Approval of Agenda.


Mr. Reeder made a motion to accept the agenda as presented; Mr. Scurry provided
the second and the motion carried 6-0.

5. Special Appearance:
a. Presentation of American Flag and Commemorative Flag – WoodmenLife.


In recognition and celebration of the 250th anniversary of the country,
WoodmenLife presented a commemorative 250th Flag and an American Flag.

6. Proclamations/Resolutions:
a. Proclamation recognizing Juneteenth in Newberry County.



Mr. Smith made a motion to approve the Juneteenth Proclamation; Mr. Sease
provided the second and the motion carried 6-0.
A copy of the Proclamation was presented to Ms. Barbara Chapman, Ms. Jackie
Holmes, and Mr. Carlton Kinard.

7. Administrator’s Report:
a. Employee Recognition: Keith Suber (20 years, Public Works).


Mr. Luckadoo recognized Mr. Suber for his 20 years of service to Newberry County,
highlighting his accomplishments and pivotal moments.
b. Project Updates.

NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 2





Mr. Luckadoo reviewed upcoming projects including renovations to the Old
Gallman School and the construction of the Newberry Amphitheater, with bid
selection upcoming for both. The Newberry Detention Center projected completion
date is April 2027. The Prosperity parks project is on schedule.
Mr. Luckadoo reminded everyone that offices will be closed on July 3, 2026, for the
Independence Day holiday, and the monument dedication for the new American
Revolution Monument will take place that day.

8. Chairman’s Comments.




Mr. Shealy thanked everyone for coming out and thanked WoodmenLife for their
presentation. He also thanked Ms. Holmes and Mr. Kinard for coming and
accepting the Proclamation.
He also thanked Mr. Suber for his 20 years of dedicated service to Newberry
County.

9. Public Comments Regarding Items on the Agenda (three minutes).




The following residents spoke in favor of item 10B (rezoning property at 5576 SC
Hwy 121-34, Newberry from R2-Rural to RS-Single Family Residential): Willie
Davis, Jackie Hawkins, Michael Burnside, Curtis Goudelock, Renee Bates.
The following residents spoke regarding item 10C (temporary moratorium on data
centers) with many requesting a ban on data centers: Leslie Lander Orr, Karen
Johnson, Vicki Bilka, James Zybrick, William Dupuis, Debra Dupuis, Constance
Lovell.

10. Old Business:
a. Third Reading – Ordinance 05-02-2026. Rezoning property at the corner of Wise
Street and Wilson Road, consisting of one acre from GC-General Commercial to
R2-Rural. (TMS No. 399-56).


Mr. Reeder made a motion to accept third reading; Mr. Scurry provided the second
and the motion carried 6-0.
b. Third Reading – Ordinance 05-04-2026. Rezoning property at 5576 SC Hwy
121-34, Newberry, consisting of 10 acres from R2-Rural to RS-Single Family
Residential. (TMS No. 295-39).
NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 3



Mr. Reeder made a motion to accept third reading; Mr. Scurry provided the second
and the motion carried 5-1 with Mr. Smith voting against.
c. Second Reading – Ordinance 06-01-2026 to provide for a limited and temporary
moratorium on Data Centers in Newberry County and invoking application of
the Pending Ordinance Doctrine.



Mr. Sease made a motion to accept second reading; Mr. Smith provided the
second.
Prior to the vote, Ms. Winters addressed some of the items within the Ordinance.
The moratorium by law cannot be permanent, it has to be temporary as it is a
pause, but it is also a halt. This means for 12 months there cannot be any
application, discussion, anything from the Department of Commerce, any
conversation about construction or development of a data center.
Ms. Winters said that there are 46 counties in South Carolina and not all of them
have zoning laws, those counties that do have to abide by what the state
legislature put in front of the county. This means Newberry County does not have
the authority to completely ban data centers, unless the state grants that
authority to all 46 counties.
The Ordinance requires the county to do an independent study of all the statistical
data the county does not have. The county then can severely restrict them, and
that is what the county is looking at, what regulations are needed to address
concerns.
Mr. Shealy said the moratorium has to have an end date, but that can be extended.
The motion carried 6-0.
Ms. Winters also clarified that the Pending Ordinance Doctrine states once you
have first reading, it is like the Ordinance has already passed.

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11. New Business:
a. Consideration and approval for consulting services at the Newberry County
Airport (RFP 2026-05).


Mr. Johnson made a motion to approve Ardurra as the consulting service; Mr.
Sease provided the second and the motion carried 6-0.
b. Consideration and approval for a bid for Gallman Place roof replacement (RFP
2026-02).
NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 4



Mr. Reeder made a motion to accept the bid from Summer Roofing in the amount
of $361,500; Mr. Smith provided the second and the motion carried 6-0.
c. Consideration and approval of a bid for the Public Safety Complex (2022 CPST)
(RFP 2026-06).



Mr. Smith made a motion to accept the bid from Dunbar in the amount of
$6,914,423; Mr. Johnson provided the second and the motion carried 6-0.
d. Consideration and approval of a bid for the Newberry County Airport Taxiway A
rehabilitation (RFP 2026-08).



Mr. Sease made a motion to accept the bid from Satterfield Construction in the
amount of $1,267,425; Mr. Reeder provided the second and the motion carried 60.
e. Consideration and approval of a bid for Scurry Church Road and Henry
Longshore Road improvements (RFP 2026-07).



Mr. Scurry made a motion to accept the bid from Satterfield Construction in the
amount of $274,300; Mr. Smith provided the second and the motion carried 6-0.
f. Consideration and approval for HVAC maintenance for Newberry County
Facilities (RFP 2026-09).



Mr. Johnson made a motion to accept Fulmer Heating and Cooling for HVAC
maintenance services; Mr. Sease provided the second and the motion carried 6-0.

12. Appointments:


Mr. Johnson made a motion to appoint Dr. Alan Paysinger to the Newberry
Hospital Board; Mr. Sease provided the second and the motion carried 6-0.

13. Adjournment.

NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 5




Mr. Scurry made a motion to adjourn; Mr. Smith provided the second and the
motion carried 6-0.
Newberry County Council adjourned at 6:59 p.m.

NEWBERRY COUNTY COUNCIL

Robert Shealy, Chairman

Andrew Wigger, Clerk to Council
Minutes Approved: ________________

NEWBERRY COUNTY COUNCIL
JUNE 17, 2026
MINUTES
PAGE 6

STATE OF SOUTH CAROLINA
COUNTY OF NEWBERRY

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PROCLAMATION
PARKS AND RECREATION MONTH

WHEREAS, parks and recreation programs, facilities, trails, and professionals promote health, wellness,
and community engagement while enhancing the physical, mental, and social well-being of residents of all
ages; and
WHEREAS, parks and recreation opportunities provide safe and welcoming spaces for play, learning,
and connection, while contributing to the quality of life, economic vitality, and environmental sustainability of
our community; and
WHEREAS, the success of parks and recreation programs in Newberry County is made possible
through unique partnerships among county departments, municipalities, schools, community organizations,
civic groups, local businesses, and volunteers working together to expand recreational opportunities and
enhance parks and programs throughout the county; and
WHEREAS, volunteer coaches, recreation professionals, and community volunteers dedicate countless
hours to mentoring youth, promoting teamwork and sportsmanship, and maintaining safe, inclusive, and
accessible recreational experiences that strengthen the quality of life for residents and visitors alike; and
WHEREAS, July is recognized nationally as Parks and Recreation Month to celebrate the vital role
parks and recreation services play in building strong, vibrant, and resilient communities; and
WHEREAS, Newberry County encourages all residents to take advantage of the parks, recreational
facilities, programs, trails, and natural resources available throughout the county and to recognize the valuable
contributions of parks and recreation professionals, volunteers, coaches, local businesses, and community
partners;
NOW, THEREFORE, Newberry County Council hereby declares the month of July as PARKS AND
RECREATION MONTH in the County of Newberry, South Carolina, and encourages all residents to join us in
recognizing and supporting the many benefits derived from parks and recreation opportunities throughout our
community.
PROCLAIMED AND APPROVED this 15th day of July 2026.
NEWBERRY COUNTY COUNCIL
SEAL
BY: ___________________________
Robert Shealy, Chairman
ATTEST:
_______________________________
Andrew Wigger, Clerk to Council

STATE OF SOUTH CAROLINA
COUNTY OF NEWBERRY

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ORDINANCE NO. 06-01-2026

AN ORDINANCE AUTHORIZING THE COUNTY OF NEWBERRY, BY NEWBERRY COUNTY
COUNCIL TO DECLARE A TEMPORARY MORATORIUM ON DATA CENTERS IN
NEWBERRY COUNTY, SOUTH CAROLINA

WHEREAS, Newberry County, much like many counties in the State of South
Carolina, has had numerous inquiries regarding the development of Data Centers in the
County; and
WHEREAS, the exponential growth of these facilities, particularly large-scale
campuses, could potentially create an unprecedented strain on the County’s essential
public resources, including without limitation, the electric power grid, finite water
supply, and local infrastructure, and
WHEREAS, Newberry County also recognizes that the County currently does not
have a regulatory framework or zoning ordinance structure that is sufficient to properly
manage the scale and impact of this industry, necessitating a comprehensive,
independent study to protect the public health, safety and welfare of Newberry’s
citizens, and
WHEREAS, the County wishes to place a temporary moratorium on the
construction or development of Data Centers in Newberry County for no longer than
twelve months following the adoption of this Ordinance and the completion of an
independent study on concerns as stated herein, and
WHEREAS, a moratorium authorized and implemented in accordance with this
Ordinance is a reasonable, time-limited planning measure.

1

NOW, THEREFORE, BE IT ORDAINED by the County Council of the County of Newberry,
in Council duly assembled this ___day of July, 2026 that:
The Newberry County Council does hereby declare a temporary moratorium on
Data Centers for twelve (12) months or less, and shall not accept any application or
permit for a Data Center, nor take action on any permit or application for a Data Center
which has not received final approval until the County establishes, if any, a regulatory
framework or zoning ordinance structure through comprehensive oversight and
approval process that is satisfactory to the Newberry County Council. First reading of
this Ordinance shall invoke the Pending Ordinance Doctrine.
This prohibition may apply to an application, petition, or submission seeking
approval, review or relief for a Data Center including but not limited to:
a) A zoning map or text amendment specific to a site or user;
b) Conditional uses, special exceptions, or variances;
c) Land development plans or subdivision applications;
d) A building permit or certificate tied to an approval for a Data Center when
the permit or certificate requires prior land use or zoning approval.
For purposes of this Ordinance, “Data Center” shall mean a facility, campus of
facilities, or array of interconnected facilities which house working servers and that are
developed to cool, secure, and connect data associated with applications and servers.
This County Council shall conduct a comprehensive study of the cumulative
impacts of Data Center development and shall bring forward a written report of its
findings and policy recommendations for discussion by the Council. Such report shall
include:
•

Findings relating to the effect of Data Centers on energy consumption
and grid capacity, environment and water supply, health and community
well-being, residential market and housing prices; and

•

Recommendations, if any, for zoning ordinances that specifies
appropriate criteria for Data Center locations, which may include
guidance regarding residential zones, proximity to essential

infrastructure, and minimum requirements for environmental mitigation
and resource efficiency.

NEWBERRY COUNTY COUNCIL

By:__________________________________________
Robert Shealy, Chairman
(SEAL)

ATTEST:
_______________________________
Andrew Wigger, Clerk to Council

Approved as to form:
____________________________________
Joanie Winters, County Attorney

____________________________________
William Theodore Luckadoo
County Administrator
1st Reading:
2nd Reading:
Public Hearing:
3rd Reading:

June 3, 2026
June 17, 2026
July 15, 2026
July 15, 2026