For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACRE. An undeveloped, tillable unit of land located in the county that contains 43,560 square feet.
AFFIDAVIT. A sworn or affirmed written statement signed by applicant(s) or permittee(s) to support the representations made in their application or renewal application for an intensive livestock operation permit.
AFTER BUILT SURVEY. A survey completed by a licensed surveyor showing the lot lines and setbacks from the building after construction has been completed.
ANIMAL. Hogs, beef cattle, heifers, dairy cattle, veal calves, horses, sheep, goats, and any other four-legged animals that are produced, raised, or maintained for commercial purposes.
APPLICANT. Individuals, companies, trusts, or other entities that own the real estate on which the proposed livestock operation will be located.
APPLICATION. The form that all intensive livestock operations are required to submit to the County Plan Commission that contains required information related to the location and management of the intensive livestock operation.
APPLICATION FEE. The payment each applicant(s) must make to the County Plan Commission at the time an initial application or an application for expansion is submitted to that department.
BUILT UP AREA. An area of the county where five or more homes, churches, public buildings, or schools, or a combination of said homes or buildings, are located within a radius of 1,000 feet of one another.
BURIAL. The entire carcass of a dead animal or poultry must be buried at least four feet below the natural surface of the ground. All body parts must be under four feet of earth, not including other types of covering material (such as mulch). Intensive livestock operators shall not use the burial method to dispose of dead animal or poultry carcasses within 50 feet of waterways, ponds, and streams.
COMPOSTING. Layering the dead animal or poultry carcass with dry organic material, like sawdust, to generate heat speed up the decompensation process of the carcass. Under the COMPOSTING method of dead animal and poultry disposal, carcasses are completely composted when no visible pieces of the soft tissue of the carcass remains. Large bones, such as a full-size skull or femur from adult livestock, shall be removed/and or crushed prior to land application of the compost material. The COMPOSTING structure shall be constructed in such manner to prevent domestic and wild animals from accessing the compost materials and the dead animal and/or poultry carcasses.
CONFINED FEEDING OPERATION. A location where 300 or more cattle, 600 swine or sheep, 30,000 fowl, or 500 horses are kept in confinement and are licensed and regulated by the State Department of Environmental Management.
EXPANSION. Additional livestock in excess of the number identified on the applicant’s application and that has been permitted by the Plan Commission.
INCINERATION. Exposing the carcass of a dead animal or poultry to a combustible process that thoroughly and completely converts the carcass to ash. Any dead animal matter remaining after INCINERATION must be buried or otherwise discarded according to other approved methods. A barrel or open burn pile is illegal under state law for the disposal of dead animal or poultry carcasses. An intensive livestock operation that chooses to install an onsite incinerator should contact the State Department of Environmental Management, Air Quality Division, to determine if a permit is required by that Department.
INTEGRATOR. The individuals, companies, trusts, or other entities that are the owner of the livestock, if different than the applicant, upon the site. If the applicant or permittee is the owner of the livestock, then the term INTEGRATOR is not applicable to his or her application or renewal application.
INTENSIVE LIVESTOCK OPERATION. Any person, company, trust, partnership, or other entity that owns or operates a commercial enterprise upon real estate located in the county consisting of a combination of 70 or more animals or 250 poultry.
LIVESTOCK. Animals and/or poultry, collectively, for purposes of this chapter, and the term is given general meaning throughout this chapter to be inclusive of animals and poultry, as appropriate.
PERMIT. A formal document issued by the Plan Commission to the applicant whose application for an intensive livestock operation has been approved and that contains certain conditions allowing for the Zoning Administrator to inspect the permitted operation site for compliance and enforcement of this chapter and other county ordinances. The PERMIT must be posted at the site of the permittee.
PERMITTEE(S). The individual(s), company(ies), or other entity(ies) that receive a permit from the Plan Commission to operate an intensive livestock operation.
PLAN COMMISSION. The Adams County Plan Commission.
POULTRY. Turkeys, chickens, ducks, pheasants, geese, or any other domestic birds that are produced, raised, or maintained for commercial purposes. This definition specifically excludes ostriches.
RENEWAL APPLICATION. The form required by all permittee(s) to continue their intensive livestock operation and is to be filed in every odd numbered year following the issuance of the initial permit.
RENEWAL FEE. The payment of $200 made to the County Plan Commission at the time the permittee(s) submit a renewal application with supporting documentation.
SITE. The real estate in the county upon which the proposed or permitted intensive livestock operation is located.
TIME TO CURE. The period of 30 days immediately following the written notice of violation sent to the permittee(s) for violations or non-compliance by the Zoning Administrator in which the permittee(s) shall have the opportunity to cure said violation(s) or non-compliance of this chapter prior to further enforcement actions being taken under this chapter. Section 112.99 of this chapter shall not be subject to a TIME TO CURE as it imposes immediate penalties for violations.
ZONING ADMINISTRATOR. The person who has been duly appointed to administer the zoning ordinances and building ordinances on behalf of the county.
(Ord. 2019-02, passed 2-26-2019)