The Jan 21, 2026  draft Complaint Procedure On Page 11):

Complaint procedure.

All complaints regarding utility scale SES operation shall be logged by the Data Center owner. At minimum the log shall describe the name and address of the complainant, contact information of the complainant, when the complaint is received, a detailed description of the nature of the complaint, action taken to resolve the complaint, and the date the complaint is resolved. If any complaint is considered by the Data Center owner to not be the responsibility of the Data Center owner a reason shall be provided to the complainant and so noted on the log. The log must be sent to the Planning and Zoning Administrator and the property owner at a frequency no less than twice per year. Upon receipt of a formal complaint, the Data Center owner shall be responsible for conducting a specific focused study to ascertain facts associated with the study to address the concern of the complainant and shall be financially responsible for the study. The firm that conducts the complaint generated study must be different than that of the firm that conducted any pre- and post-construction studies and must also be accredited.

If after 60 days there is no resolution of a registered complaint the complainant may provide notice to the Planning and Zoning Administrator accompanied by a fee of $250.00 that they intend to enter into binding arbitration of the unresolved complaint. Failure by the Data Center owner to perform an action specified by the arbitrator will be considered a violation of the zoning ordinance and subject to the applicable enforcement penalties and remedies. Upon receipt of a request for arbitration the Planning and Zoning Administrator will arrange for a time and place to meet with the arbitrator. Upon approval of a Data Center project the data center owner shall continually fund a non-reverting fund (for arbitration only), which will contain no less than $5,000.00 at any time, for the life of the Data Center project. Notification by certified mail of a deficiency in the balance of the fund to the operator shall be the responsibility of the Planning and Zoning Administrator. If upon notification that the fund is deficient, the Data Center owner shall have 60 days to bring the fund back to the prescribed minimum amount. If the payment is not satisfied within the 60 days, the Data Center project will be deemed in violation of the permit. The arbitrator shall be a member of the Kentucky

Bar Association, be on the Roster of Court-Approved Mediators in the State of Kentucky, and shall not be a citizen of the City of Maysville or Mason County, Kentucky. The Planning and Zoning Administrator may appear and present evidence on behalf of a complainant if requested to do so.

Here is an alternate Complaint and Arbitration Process

COMPLAINT AND ARBITRATION PROCESS

All complaints regarding Data Center operation shall be logged by the Data Center owner. At minimum the log shall describe the name and address of the complainant, contact information of the complainant, when the complaint is received, a detailed description of the nature of the complaint, action taken to resolve the complaint, and the date the complaint is resolved. If any complaint is considered by the Data Center owner to not be the responsibility of the Data Center owner, a reason shall be provided to the complainant and so noted on the log. The log must be sent to the Planning and Zoning Administrator and the property owner at a frequency no less than twice per year.

Initial Complaint Investigation: Upon receipt of a formal complaint, the Data Center owner shall be responsible for conducting a specific focused study to ascertain facts associated with the complaint and shall be financially responsible for the study. The firm that conducts the complaint-generated study must be different than that of the firm that conducted any pre- and post-construction studies and must also be accredited.

Prohibition on Duplicate Complaints: Any complaint that is substantially similar in nature to a previously investigated complaint regarding the same issue, condition, or circumstance shall be deemed a duplicate complaint. Duplicate complaints shall not trigger a new study requirement or arbitration process unless the complainant can demonstrate through credible evidence that conditions have materially changed since the previous investigation, or that new information not reasonably available during the prior complaint has come to light.

The Planning and Zoning Administrator shall make an initial determination as to whether a complaint is substantially similar to a previously investigated complaint. This determination may be appealed to arbitration as provided below.

Arbitration Process: If after 60 days there is no resolution of a registered complaint, the complainant may provide notice to the Planning and Zoning Administrator accompanied by a fee of $250.00 that they intend to enter into binding arbitration of the unresolved complaint.

Frivolous Complaint Determination: The arbitrator shall have authority to determine whether a complaint or request for arbitration is frivolous, vexatious, or brought solely for purposes of harassment. In making this determination, the arbitrator shall consider:

  • a) Whether the complaint is substantially similar to previous complaints that have been investigated and resolved;
  • b) Whether the complainant has provided credible evidence of a legitimate issue requiring resolution;
  • c) Whether the complaint relates to conditions that are within the control of the Data Center owner;
  • d) Whether the frequency or pattern of complaints by the same complainant suggests harassment rather than legitimate concern;
  • e) Whether the complaint has a reasonable basis in fact.

Cost Recovery for Frivolous Complaints: If the arbitrator determines that a complaint or arbitration request is frivolous, vexatious, or brought for purposes of harassment, the arbitrator shall:

  • a) Dismiss the complaint;
  • b) Order the complainant to reimburse the Data Center owner for all reasonable costs incurred in defending against the complaint, including but not limited to: arbitration fees, legal fees, consultant fees, and study costs;
  • c) Order the complainant to pay a penalty of $1,500.00 to the non-reverting arbitration fund;
  • d) Issue a written finding documenting the frivolous nature of the complaint for the record.

Repeat Frivolous Complainants: Any person who has had two (2) or more complaints determined to be frivolous, vexatious, or harassing within a three (3) year period shall be required to post a bond of $2,500.00 with the Planning and Zoning Administrator before filing any subsequent complaint. This bond shall be forfeited to the Data Center owner if the subsequent complaint is also determined to be frivolous. If the complaint is determined to be legitimate, the bond shall be returned to the complainant.

Legitimate Complaint Resolution: Failure by the Data Center owner to perform an action specified by the arbitrator for a legitimate complaint will be considered a violation of the zoning ordinance and subject to the applicable enforcement penalties and remedies.

Arbitration Fund: Upon approval of a Data Center project, the Data Center owner shall continually fund a non-reverting fund (for arbitration only), which will contain no less than $5,000.00 at any time, for the life of the Data Center project. Notification by certified mail of a deficiency in the balance of the fund to the operator shall be the responsibility of the Planning and Zoning Administrator. If upon notification that the fund is deficient, the Data Center owner shall have 60 days to bring the fund back to the prescribed minimum amount. If the payment is not satisfied within the 60 days, the Data Center project will be deemed in violation of the permit.

Arbitrator Qualifications: The arbitrator shall be a member of the Kentucky Bar Association, be on the Roster of Court-Approved Mediators in the State of Kentucky, and shall not be a citizen of the City of Maysville or Mason County, Kentucky. The Planning and Zoning Administrator may appear and present evidence on behalf of a complainant if requested to do so.

Record Keeping: The Planning and Zoning Administrator shall maintain a record of all complaints, investigations, and arbitration determinations. This record shall be a public record available for inspection during normal business hours.

Key Protections Added:

  1. Duplicate Complaint Filter – Prevents re-litigating the same issues
  2. Frivolous Complaint Determination – Clear standards for what constitutes harassment
  3. Cost Recovery – Harassers must pay the Data Center’s defense costs
  4. Financial Penalty – $500 penalty for frivolous complaints goes to arbitration fund
  5. Repeat Offender Bond – Serial complainers must post $2,500 bond
  6. Material Change Exception – Legitimate new issues can still be raised
  7. Administrator Screening – Initial review to filter obvious duplicates

This protects Data Centers from harassment while preserving legitimate complaint rights.