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An Ordinance Amending a Temporary Moratorium Established by Ordinance No. 23-1831 and Ordinance No. 25-1969
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WHEREAS, the Village of Romeoville (“Village”) has the authority to adopt ordinances pertaining to the public health, safety and welfare regulating private and public property; and
WHEREAS, the Village has for the past twenty five years has experienced extensive development of distribution facilities within property zoned and classified within the Village’s PB Planned Business Zoning District and similarly sized and purposed facilities within the Village’s M-1 and M-2 Zoning Districts; and
WHEREAS, Village staff has reviewed and analyzed the buildings developed within that time frame, and has determined that that such development has predominately consisted of large sized buildings in excess of 200,000 square feet in area; and
WHEREAS, Village staff has further determined that a significant potential exists for the development of data centers within properties located within the Village’s PB, M-1 and M-2 zoning districts, where data centers are defined to include but are not necessarily limited to those facilities defined as such in 20 ILCS 605/605-1025(c) along with all facilities primarily, predominantly or substantially engaged in cryptocurrency mining, defined herein as the operation of specialized computer equipment designed, intended or focused on the solving of algorithmically generated equations, problems or puzzles to produce blockchain-based currencies, including but expressly not limited to currencies such as Bitcoin; and
WHEREAS, in the absence of further refinement to the regulations governing development within the PB Planned Business Zoning District and the M-1 and M-2 Zoning Districts, the potential exists for the continuation of the development of buildings within such districts to be predominately larger buildings in excess of 200,000 square feet in area and/or to be data centers; and
WHEREAS, the development of buildings within such districts to be predominately larger buildings in excess of 200,000 square feet in area and the development of data centers may present potential impacts to the Village and its residents that require additional regulation within the Village zoning ordinance to promote the health, safety, morals and welfare of the Village and its residents; and
WHEREAS, in an effort to facilitate the diversification of the economic and employment base of the Village’s economy, as well as further investigation of the impacts of the impacts particular to the predominate development of buildings in excess of 200,000 square feet in area and/or data centers within the PB Planned Business Zoning District, M-1 Zoning District and M-2 Zoning District and to allow for corresponding amendment of and refinement to the regulations of the said zoning districts, thereby promoting the health, safety, morals and welfare of the Village and its residents, the corporate authorities of the Village have determined that it is in the best interests of the Village and its residents to impose a moratorium on the receipt, review and processing of development applications and submittals for property within the PB Planned Business Zoning District, M-1 Zoning District and M-2 Zoning Districts which contemplate or permit the development of buildings in excess of 200,000 square feet in area or the development of data centers as herein defined, subject to such exceptions as are hereinafter set forth, such moratorium to remain in effect for a period of thirty six (36) months from the adoption of this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; that
SECTION 1: RECITALS - The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2; TEMPORARY MORATORIUM - Commencing with the adoption of this Ordinance, and continuing in full force and effect for a period of thirty six (36) months thereafter, there shall be a moratorium within the Village of Romeoville upon (i) the receipt, review or processing by the Village of Romeoville of any development applications or submittals that permit, provide for or in any way contemplate the development on any property located within the PB Planned Business Zoning District, M-1 Zoning District or M-2 Zoning District of (i) any building having a building area in excess of 200,000 square feet and/or any building that constitutes a data center as herein defined, (ii) the issuance of any permits or approvals of development applications or submittals by the Village of Romeoville that permit, provide for or in any way contemplate the development on any property located within the PB Planned Business Zoning District, M-1 Zoning District or M-2 Zoning District of any building having a building area in excess of 200,000 square feet or which constitutes a data center as herein defined, or (iii) the filing by owners or developers of property located within the PB Planned Business Zoning District, M-1 Zoning District or M-2 Zoning District of any development applications or submittals that permit, provide for or in any way contemplate the development on any property located within the PB Planned Business Zoning District, M-1 Zoning District or M-2 Zoning District of any building having a building area in excess of 200,000 square feet or constituting a data center as defined herein. As used herein, “development applications and submittals” shall include but not necessarily be limited to applications and submittals made to the Village pursuant to the provisions of Chapters 150, 156 and 157 of the Village Code of Ordinances, and “building area” shall mean and refer to the area at ground level of a building that is included within surrounding exterior walls, inclusive of shafts and courts, and areas thereof not enclosed by exterior walls that are within the projection of the roof or floor above the floor of the building at ground level. Notwithstanding the foregoing, any development applications or submittals that (i) have been fully completed and filed with the Village prior to the adoption of this Ordinance, and for which all relevant fees have been paid in full, or for which fees payable over time are paid in a timely and non-delinquent manner, may continue to be reviewed and processed by the Village, (ii) are for the development and construction of e commerce facilities generating taxable retail sales occurring within the Village pursuant to 86 Ill. Admin. Code 270 et. seq. for purposes of the Illinois Retailers’ Occupation and Home Rule Retailers’ Occupation Taxes (35 ILCS 120/1 et. seq. and 65 ILCS 5/8-11-1 respectively), or (iii) are for high technology manufacturing establishments, defined herein as establishments concentrating primarily on the creation or development of goods and products utilizing high levels of new, developing or emerging technology, which provide significant permanent employment positions in connection therewith, and the Village may issue permits or approvals for such development applications or submittals otherwise in compliance with the applicable ordinances of the Village.
SECTION 3: SEVERABILITY - Which the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: REPEALER - All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed, including but not limited to Ordinance No. 23-1831 and Ordinance No. 25-1969.
SECTION 5: EFFECTIVE DATE - Subject to final Village Manager and Attorney review, this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.