October 11, 2024
By: Dwayne Page
The county commission may decide in two weeks whether to adopt a county power’s act resolution and a set of regulations to immediately prevent quarries, rock crushers and gravel pits, cryptocurrency mines (data centers/computer server farms), landfills, adult entertainment or methadone/suboxone clinics not already permitted from starting up in DeKalb County (outside municipalities) if they are to be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment.
During a meeting Thursday night, the county’s health, education, and public welfare committee on a 4-2 vote recommended passage of both resolutions by the full county commission when it meets again in regular monthly session on Monday, October 28 at 6:30 p.m. in the auditorium of the Mike Foster Multipurpose Center. Committee Chairman Larry Green and members Mathias Anderson, Jeff Barnes, and Daniel Cripps voted in favor while members Tom Chandler and Glynn Merriman voted against. In order for both resolutions to pass, the county commission must adopt them by a two thirds majority or 10 votes in favor out of the 14-member commission.
For weeks, residents in the Snow Hill community and the Liberty/Alexandria area have complained to the county commission about rock quarries moving into their neighborhoods without any oversight or regulations by the county government. The latest concern is a data processing center apparently to be located in the area of South College Street just outside the Smithville City limits near the three way stop intersection. Although some have downplayed the level of noise such a facility might generate here, its apparently a different story with similar operations in other places (View videos below in previous you tube television news reports)
https://www.youtube.com/watch?v=PGvZUJw-ZwQ
https://www.youtube.com/watch?v=g2Ajaouq1LE
https://www.youtube.com/watch?v=CS5dXlYB83M
https://www.foxnews.com/video/6319121401112
Committee Chairman Larry Green said the proposed DeKalb County resolutions are modeled after the Grundy County regulations already in place.
“The first resolution (County Powers Act) just gives us the authority to write resolutions and it has to pass with 10 votes before we go any further. The second one is a resolution for quarries, rock crushers, gravel pits, crypto currency mining (data centers), landfills, adult entertainment, and methadone/suboxone clinics. There may be other things we want to add but we would have to write a separate resolution for anything else we would want to add,” said Green
“Anything that is already here is grandfathered in. If they have not applied for a permit, if we pass this October 28, it will go into effect on that date and then they would have to meet this distance requirement of 5,000 feet. They could still come if they meet this distance requirement” he said.
“No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic may be located within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment,” according to the proposed resolution.
“Anything in the western part of the county is setting on limestone. You could have rock crushers all over the place down there,” said Green. “They’re setting on rock and that is what they (rock crushers) need. They are close to the rock. They don’t have to dig down very far. This would keep any others from coming in,” said Green.
“The crypto currency mining is nothing more than a series of high-speed computers that generate a tremendous amount of noise. That noise runs from 75 to 95 decibels. The human hearing is zero to 20 decibels. One example is that its like a jet engine sitting at the end of a runway revving up and never stopping because they run 24 hours a day. You continuously have that noise. (County attorney) Hilton (Conger) sent me a couple of articles from places that have it. They have tried to do noise suppression but its done very little. They are a huge electricity user,” said Committee Chairman Green.
“My goal in this was not to force anything out already operating here but to keep something else from coming in especially landfills. We could be a prime target if they close the landfill at Murfreesboro,” said Green.
‘The Grundy County regulations have been tested in the courts. Grundy County was sued. Their court upheld the county, and the appellate court upheld the county. It is now at the Tennessee State Supreme Court,” explained Green.
Committee member Merriman, who cast a no vote, said he did not understand enough of it yet.
Committee member Chandler said his concern is that adopting the county powers act could open up a “Pandora’s box” to include other regulations.
“We have already had this in front of the county commission and what was subsequently to follow the county power’s act was a resolution to tell people what they could have in their front yard or how tall their grass could be and I am opposed to it,” said Chandler.
“This is totally different,” replied Green. “This resolution defines exactly what we are covering. It has nothing to do with yards or anything else anybody is doing and any time you change it (resolution) you must have 10 votes,” said Green.
“You now know that one of the no votes is me” said Chandler.
THE PROPOSED RESOLUTIONS ARE AS FOLLOWS:
A Resolution of the Board of Commissioners of DeKalb County, Tennessee to regulate Quarries, Rock Crushers, Gravel Pits, Cryptocurrency Mining, Landfills, Adult Entertainment and Methadone Clinics.
Section 1. Purpose
It is the purpose of this resolution to regulate the operation and location of rock crushers and/or quarries, gravel pits, cryptocurrency mining, landfills, adult entertainment and methadone clinics in the unincorporated areas of DeKalb County, Tennessee in order to promote the health, safety, economic development and the unincorporated areas of DeKalb County, Tennessee.
Section II. Definitions
The following definitions shall apply in the interpretation and enforcement of this Resolution:
(a) Blasting. The term “blasting” shall denote a method of loosening, moving or shattering masses of solid matter by use of explosive compounds to prepare stone for crushing, building stone or other purposes.
(b) Clerk means the County Clerk of DeKalb County, Tennessee.
(c) Commission means the Board of County Commissioners of DeKalb County, Tennessee, which is the legislative body of DeKalb County, Tennessee.
(d) County means DeKalb County, Tennessee.
(e) Gravel Pit. The term “gravel pit” shall mean any activity or enterprise, the purpose of which is to remove naturally occurring deposits of sand and gravel from the earth by excavating including topsoil and overburden removal.
(f) Person. The word “person” shall mean any individual, partner, corporation, company, trustee or association, together with the respective servants, agents and employees thereof.
(g) Quarry. The term “quarry” shall mean activity or enterprise, the purpose of which is to remove rock material from the earth by blasting and/or excavating including topsoil and overburden removal.
(h) Residence means a place, in which a person lives or resides; a structure serving as a dwelling or living quarters. Residence includes but is not limited to single-family and multiple family dwelling units including without limitation, houses, apartment buildings, condominiums, dormitories and mobile and modular homes.
(i) Rock-Crusher. A rock crusher shall mean any device, machine, apparatus or equipment used either individually or in conjunction with any other device, machine, apparatus or equipment for the purpose of crushing, grinding, breaking or pulverizing rock or stone.
(j) Rock Crushing. Operation of a rock crusher.
(k) Site. The term “site” shall mean any separately described parcel of land with an individual real property tax, map and parcel number.
(j) Adult Entertainment. Any entertainment that is intended to be viewed by adults only. It refers to activities involving the direct provision of sex related services, such as prostitution, strip clubs, and sex related pastimes like pornography and sex movies. It can also include the exhibition or performance of specified sexual activities or the exposure of specified anatomical areas.
(k) Cryptocurrency Mining. A process that validates transactions and adds them to a blockchain.
(l) Blockchain. A process in cryptocurrency mining that adds a link to each block of transactions to form a chain. Each block contains a set amount of cryptocurrency.
(m) Ledger. Records the creation and movement of coins in the blockchain.
(n) DIY Supercomputers. A high-speed computer or series of computers used to mine bitcoins.
(o) High Decibel Noise. Sound which ranges in a level from 75-95 decibels. Normal human hearing range is 0-20 decibels.
(p) Landfill. A system of trash and garbage disposal.
(q) Methadone Clinic. A treatment center for opioid addiction.
Section III. Application for License
No person shall operate a quarry, rock crusher/ gravel pit, Cryptocurrency mining, landfills, adult entertainment and methadone clinic without first obtaining the following from the County Clerk of DeKalb County Tennessee a standard Business License and a permit for the operation of a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic
The County Clerk shall not issue a Business License or Permit to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic to any applicant who has not obtained all applicable state and/or federal permits required to operate such an enterprise or activity. The applicant’s acquisition of all applicable state and/or federal permits necessary to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic shall be a prerequisite to obtaining a business license or permit to operate such an enterprise or activity from the County Clerk.
An applicant for a license shall furnish the following to the County Clerk in order to apply for a Permit to operate a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic:
(a) An application for a business license or permit to operate a quarry, gravel pit, or rock crusher,
cryptocurrency mine, landfill, adult entertainment or methadone clinic.
(b) A copy of the Permit issued by the State of Tennessee for the applicant to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic at the proposed site of the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic, for which the applicant is seeking the permit;
(c) A copy of the applicant’s deed to the property on which the quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic is proposed to be operated;
(d) A map which shows the physical extent of the quarry or gravel pit operation, cryptocurrency mine, landfill, adult entertainment or methadone clinic as to area and depth, along with a description of the act cryptocurrency mine, landfill, adult entertainment or methadone clinic along with activities to be conducted on the property; and
(e) A non-refundable application fee of $150.00.
Upon receiving the foregoing information, the County Clerk will forward it to the Office of the County Mayor, who will determine whether the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic meets the location requirements provided for in this Resolution and report his/her findings to the County Clerk within ten (10) days.
SECTION IV – ISSUANCE OF LICENSE.
If the Mayor’s findings confirm that the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic meets the location requirements, the County Clerk shall forthwith issue the standard Business License and Permit to quarry, rock crusher or gravel pit cryptocurrency mine, landfill, adult entertainment or methadone clinic.
If the Mayor’s findings reflect that the site of the proposed quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic does not meet the location requirements, the County Clerk shall within ten (10) days notify the applicant that the application must be denied due to the failure of the proposed site to meet the location requirements.
SECTION V – FEES.
- Application Fee for Permit to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone Clinic. A non-refundable fee of $150.00 shall be paid to the clerk at the time of filing the application and required accompanying materials.
- Initial Fee for Permit to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone clinic. If the license is granted, the applicant shall pay initial license fee of $100.00.
- Renewal Fee for License to Operate a Quarry, Rock Crusher or Gravel Pit, Cryptocurrency Mine, Landfill, Adult Entertainment or Methadone Clinic an annual fee of $100.00 shall be required to renew a Permit to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic
- . The failure to pay the annual renewal fee shall not constitute a forfeiture or ground for revocation of any Permit granted under this Resolution provided such failure is rectified upon notification by the County Mayor.
The foregoing fees shall be in addition to the fees required for a standard Business License.
SECTION VI – ADMINISTRATIVE PROCEDURE AND REVIEW
- As used in this section, “application” means: An application for a Permit to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
- Whenever an application is denied, the County Clerk shall notify the applicant in writing of the reasons for such action; such notice shall also advise the applicant of the applicant’s right to request a hearing before the County Commission.
- If the applicant desires to request a hearing before the County Commission to contest the denial of an application, such request shall be made in writing to the County Mayor within ten (10) days of the applicant’s receipt of the notification of the denial of the application. If the applicant timely requests such a hearing, a public hearing shall be before the County Commission at the next regularly scheduled County Commission meeting, which is at least ten (10) days from the date the request for hearing is received in the Mayor’s Office.
SECTION VII- APPLICABILITY OF RESOLUTION TO EXISTING BUSINESSES/GRANDFATHER CLAUSE.
The distance requirements set forth in Section VIII of this Resolution shall not apply to quarries, rock crushers or gravel pits, , cryptocurrency mine, landfill, adult entertainment or methadone clinics in existence and in operation on October 28, 2024. Such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic may continue to operate at the site where they are located on October 28, 2024. The owners of such quarries, rock crushers or gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic in existence and in operation on October 28, 2024 will (i) pay the annual fee for a Permit to operate such enterprises as provided in Section V of this Resolution; (ii) continue to maintain such quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic in active operation at the site where it is currently located; and (iii) submit an application to the County Clerk to continue the operation of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic, accompanied with a map which shows the physical extent of the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic, operation as to the area, along with a written description of the current activities being conducted on the property and the location where the current activities are taking place.
The grandfather protection provided in this Section VII applies only to the site where the current quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic was in operation on October 28, 2024. The grandfather protection provided by this Section VII may not be transferred or used to operate a quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic. at any site or location other than the site or location where the quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic is currently in operation.
The grandfather protection provided by this Section VII shall be forfeited only for the failure to continue to maintain such quarry, rock crusher or gravel pi, cryptocurrency mine, landfill, adult entertainment or methadone clinic in active operation at the site where it is currently located for a period of thirty consecutive days. Failure to pay the annual fee, submit an application, map and/or description of activities shall not constitute a forfeiture of the grandfather protection provided by this Section VII provided such failure is rectified upon notification by the County Mayor. Likewise, failure to pay the annual renewal fee shall not constitute a forfeiture of any Permit granted under this Resolution provided such failure is rectified upon notification by the County Mayor.
SECTION VIII – PERMITTED LOCATIONS
(A) Except as otherwise proscribed in this Section VIII, quarries, rock crushers and gravel pits, cryptocurrency mine, landfill, adult entertainment or methadone clinic.may be located in unincorporated areas of DeKalb County, Tennessee.
(B) No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic may be located within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment. Measurements shall be taken from the nearest recorded property line of the adult sexually oriented business to the nearest property line or boundary of the foregoing.
SECTION IX – SEVERABILITY
If any provision of this resolution is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of this Resolution.
SECTION X – APPLICABILITY
- This resolution shall apply only in the unincorporated areas of the county.
- Nothing in this resolution may be construed to as prohibiting or in any way impeding any incorporated municipality in the county from exercising any power or authority the municipality may lawfully exercise, including the regulation of sexually oriented businesses.
- Nothing in this resolution shall preempt an ordinance, regulation, restriction or license that was lawfully adopted or issued by any incorporated municipality in the county prior to the enactment of this resolution, or prevent or preempt any incorporated municipality in the county from enacting and enforcing in the future other lawful and reasonable restrictions, regulations, licensing, zoning or other civil or administrative provisions concerning the location, configuration, code compliance or other business operations or requirements to operate a quarry, gravel pit, or rock crusher, cryptocurrency mine, landfill, adult entertainment or methadone clinic.
This Resolution shall take effect immediately upon its passage by a two-thirds vote of the Commission, the public welfare requiring it.
RESOLUTION TO AUTHORIZE THE EXERCISE BY THE COUNTY OF CERTAIN POWERS GRANTED TO MUNICIPALITIES UNDER T.C.A. § 6-2-201(22) AND (23) WITH RESPECT TO THE REGULATION OF NUISANCES AND OTHER PRACTICES DETRIMENTAL TO THE INHABITANTS OF THE COUNTY
WHEREAS, the General Assembly, in passing Chapter 627 of the Public Acts of 2002 and Chapter 57 of the Public Acts of 2003, amended T.C.A. § 5-1-118 to expand the ability of counties to exercise certain municipal powers in relation to the regulation of nuisances and other practices detrimental to the inhabitants of the county as outlined in T.C.A. § 6-2-201(22) and (23); and,
WHEREAS, the Board of County Commissioners of DeKalb County has determined that it would be beneficial to the inhabitants of the county for DeKalb County to adopt these regulatory authorities and general police powers; and,
WHEREAS, T.C.A. § 5-1-118(c) requires that any county desiring to exercise these powers must adopt a resolution by two-thirds vote of its legislative body in order to do so and must subsequently adopt any such regulations also by a two-thirds majority;
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of DeKalb County, Tennessee, meeting in session on this ____ day of , 20__ at __________ Tennessee, that;
SECTION 1. Pursuant to the directives of T.C.A. § 5-1-118(c), the Board of County Commissioners of DeKalb County, Tennessee hereby expresses its intent that the county be authorized to exercise those powers granted to municipalities under T.C.A. § 6-2-201(22) and (23). Such powers are described by law as the ability to:
Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers; and
Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained.
SECTION 2. The exercise of such powers by DeKalb County shall be in accordance with all limitations provided in T.C.A. § 5-1-118. Such authority shall only be exercised in the unincorporated areas of the county. Such authority shall not apply to those activities, businesses or uses of property and business occupations and practices which are exempted from regulation by T.C.A. § 5-1-118(c)(2).
SECTION 3. Furthermore, the Board of County Commissioners of DeKalb County recognizes that all court decisions and statutory laws relating to variances and non-conforming uses which are applicable to zoning ordinances and land use controls shall also apply to the enforcement and exercise of the powers granted by T.C.A. § 5-1-118(c). Further, the Board of County Commissioners recognizes that the enforcement and exercise of these powers by the county is limited by the provisions of the Constitution of the State of Tennessee and the United States Constitution.
SECTION 4. Subsequent to the effective date of this resolution, the county is hereafter authorized to adopt regulations in accordance with the authority granted under T.C.A. § 5-1-118(c). In order to be effective, such regulations shall also be passed by a two-thirds majority of the Board of County Commissioners of DeKalb County.
SECTION 5. This Resolution shall be effective upon its passage and approval, the public welfare requiring it.