(A) Any person or entity applying for a permit for a swine feeding operation shall comply with the notice and hearing requirements as specified by this section and rules and regulations promulgated pursuant thereto by the Zoning Administrator.
(B) After submission of a completed application as provided by this article, the Zoning Administrator shall have 60 days to review the application for a new or expanding operation for physical and technical suitability.
(C) (1) After such review and after the applicant has submitted any required information to the Zoning Administrator, the Zoning Administrator shall require the applicant to notify all affected property owners of the proposed facility or expanding operations. Such notice shall be sent by certified mail, return receipt requested. The notice shall identify that an application for a swine feeding operation has been submitted to the Zoning Administrator, the location of the facility, that a hearing may be requested pursuant to this subsection, and the date the application will be available for public review which shall begin no earlier than the day following the certified mailing of all the required notices, and such other information required by the Zoning Administrator.
(2) Each affected property owner requesting a hearing shall submit, in writing, the following information:
(a) The name and address of the interested party and proof that the interested party is an affected property owner;
(b) A statement of specific allegations showing that the proposed facility or expanding operation may have a direct, substantial and immediate effect upon a legally protected interest of the interested party; and
(c) The relief sought by the interested party.
(3) If any of the affected property owners requests an administrative hearing, such hearing shall be held by the Zoning Administrator within not less than 30 days nor more than 60 days after the close of the public review period pursuant to subsection (D)(4) of this section. All interested parties may be joined as parties to the hearing.
(4) At the hearing the Zoning Administrator shall hear testimony and accept evidence pertaining to the physical and technical suitability of the proposed facility or expanding operations. In addition, any affected party may present specific allegations based on scientific and technical findings of fact showing that the proposed facility or expanding operations may have a direct, substantial and immediate effect upon a legally protected interest of the affected property owner.
(5) Establishment of property usage which is the date the swine feeding operation application was made available, pursuant to this section, for public review versus date of initial construction or placement of occupied residence, shall be given consideration when determining a contested matter between an applicant and an interested party on issues other than pollution of the waters of the state.
(D) (1) In addition to the individual notice required by section of this article, the Zoning Administrator shall require the applicant to give public notice of the opportunity to comment on the requested permit.
(2) The public notice for a new or expanding operation shall be published as a legal notice prior to the date the application is available for public viewing in at least 1 newspaper of general circulation in Frederick County. The applicant shall also post the property in accordance with § 1-19-3.200.2(C).
(3) The notice shall identify locations where the application shall be available for viewing. Such locations shall include the office of the Zoning Administrator and a specific public location in the Frederick County.
(4) The application shall be available for public review during normal business hours. The copies of the application posted for public viewing shall be complete except for proprietary information otherwise protected by law and must remain posted during normal business hours for at least 20 working days after notice is published.
(5) The Zoning Administrator, as necessary, may hold public meetings at a location convenient to the proposed facility or expanding operation to address public comments on the proposed facility or expanding operation.
(E) Prior to the issuance of any permit for a swine feeding operation, or expanding operation, the Zoning Administrator shall require the applicant to submit:
(1) Documentation certifying notice has been issued to all affected property owners. A map of all affected property owners within 1 mile and the corresponding mailing list shall be submitted with each application; and
(2) Proof of publication notice of a new or expanding application for a swine feeding permit required by this section.
(Ord. 00-29-271, 9-14-2000; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)