(A) Site plan and other submissions. The applicant for an intensive livestock operation shall submit the following to the Commission.
(1) An application in a form prescribed by the Commission in duplicate.
(2) A site plan drawn to scale which will be contained on at least an 8½ x 11-inch or larger paper. It is suggested that the services of an engineer or other professional be utilized in presenting a scale drawing to the Commission which contains the required information by this subchapter in sufficient detail and with sufficient professionalism as to enable the Commission to clearly see and to be informed of the proposed facilities and its compliance with the requirements of this subchapter. While a professional drawing is suggested, it is not a requirement.
(B) Required contents of site plan.
(1) The location of any proposed building and all existing buildings on the tract (as of land involved).
(2) All existing residences within one mile of any proposed building or the site of an intensive livestock operation.
(3) Boundaries of the farm and area involved and the location of all land application areas.
(4) The location of all streams, highways, lakes, recreational facilities, public buildings, towns and cities within one mile of the proposed intensive livestock operation site.
(5) Specifications relative to waste treatment disposal showing the method, equipment and detention time of any holding pit, the number of animal units expected, and the pit design. Design specifications shall be prepared by the United States Soil Conservation Service or by an Indiana registered professional engineer.
(6) A map showing the general topography of the area with contour lines and elevations showing that surface drainage will drain away from the site of the operation or any building site. Topography maps and elevations will be satisfactory if prepared by the United States Soil Conservation Service, or by an Indiana registered surveyor or professional engineer. Official topography maps may be used if site elevations can be accurately determined. An intensive livestock application will be submitted to the Commission on a form signed by the owner(s) of record. At the time of submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.
(7) All required permits, if any, as may be required by the Indiana Department of Environmental Management or other state or federal agencies whose approval is required as a prerequisite to the granting of the permit herein.
(C) Hearing. Within 30 days after the date of receipt of the plan application and the applicable filing fee, the Zoning Administrator shall announce the date and time of the public hearing to be held before the Commission. The Zoning Administrator shall determine the date and time of the public hearing to be held before the Commission, and shall give notice of the hearing to those persons and in the manner as provided by the Commission for hearings for special exception and variances held before the Board of Zoning Appeals. Provided however, that in the event that the applicant is required to obtain state approval for his facility, the Commission will not hold a public hearing until after the state approval is first obtained by the applicant.
(D) Determination by Commission. Following the hearing, the Commission shall either approve or deny the application. On motion of an interested party, the Commission shall provide written findings and reasons for its determination. In the case of a denial of an application, the Commission shall provide written reasons for its denial.
(1) There shall be no requirement of a primary and secondary approval of an application. A ruling on an application may be made conditional upon satisfactory performance of additional requirements or upon approval by any other state agency whose approval is required or for further reasons as the Commission deems necessary to insure compliance with this subchapter.
(2) In lieu of a conditional ruling by the Commission, the Commission may defer its ruling until compliance with all requirements have been met and may or may not require a second hearing to insure compliance with this subchapter.
(3) In the event there are substantial deficiencies in the application and there are substantive requirements to be met, the Commission may, but is not required to hold a second hearing to determine compliance.
(E) Transfer of permit. A transfer of permit made necessary by change of ownership or operator shall be made by the Commission without notice and hearing, provided that the transfer does not involve the substantial change in the operation of the intensive livestock operation. In the event the Commission determines that there will be a substantial change or increase in the operation (SUBSTANTIAL CHANGE meaning an increase of 10% more animals) then the Commission shall require a formal application to be acted upon with hearing and notice as provided for an initial application.
(F) Expansion. An intensive livestock operation may not be expanded or changed in any substantial manner without the prior approval of the Commission. A SUBSTANTIAL EXPANSION OR CHANGE shall be defined as any increase or change which will result in the care and keeping of 10% more animals than originally authorized. A minor expansion shall not require hearing and notice but a major or substantial expansion will require public hearing with notice the same as applicable to an original application.
(Ord. 466, § 2-16.5-7, passed 5-11-98) Penalty, see § 152.999