This section provides standards for the establishment and operation of animal feeding operations ("AFO"), including concentrated animal feeding operations ("CAFO"). The provisions of this section are found to implement the applicable goals and policies of the Millard County general plan and to be consistent with all federal and state requirements, as applicable.
A. Classification Of Animal Confinement Operations: For the purposes of this section, AFOs shall be classified as follows 1 :
1. Level 1: Any confinement where:
a. Of more than ten (10) but less than three hundred (300) animal units are kept at the same time for more than forty five (45) days out of any calendar year; and
b. Does not also meet the definition of a CAFO.
2. Level 2: Any AFO where:
a. More than three hundred (300) animal units are kept at the same time for more than forty five (45) days out of any calendar year; and
b. Does not also meet the definition of a CAFO.
3. Level 3: Any AFO meeting the definition of a CAFO, as provided by the state of Utah or is designated by the executive secretary of the Utah department of environmental quality - division of water quality.
B. Requirements, Application And Approval: The establishment and operation of an AFO shall be subject to the following:
1. No level 1 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.
2. No level 2 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.
3. No level 3 AFO shall be constructed, established, or operated, unless a use permit is issued in compliance with the provisions of this section and section 10-25-1 of this title.
4. No AFO shall be constructed or established and no AFO shall be permitted to operate, or increase the number of animals confined, without submitting the appropriate permitted use application or conditional use permit application and receiving the necessary permit approval from the land use authority, as applicable.
5. A legally existing AFO located in a zoning district where an AFO is not allowed by the provisions of this section, may continue as a legal nonconforming use. Such AFO shall not increase the number of animals confined unless the necessary conditional use permit is issued.
6. An illegally existing AFO shall remain an illegal use and subject to the county's enforcement provisions.
C. Application Requirements: In addition to the standards and requirements of a permitted (P) use application, conditional (C-1) use application, or conditional (C-2) use application, as applicable, the following shall also apply to all applications to establish and operate an AFO:
1. Preapplication Conference: Before submitting an application to establish and/or operate an AFO, the applicant shall schedule and hold a preapplication meeting with the county planner to discuss the proposed AFO and to review the application process. The county planner shall provide the applicant with a compliance checklist identifying the requirements of the application and approval procedure, and a flow chart of the approval process. The applicant shall provide information at the preapplication conference regarding the proposed number of animal units to be confined in the AFO, the proposed location of the AFO, and the intended development schedule.
2. Land Use Application: All applications to establish a level 2 AFO shall, in addition to the conditional use application materials required provide the following additional information:
a. The location and total size of all animal confinement areas and the maximum number of animal units proposed to be confined.
b. The location of any incorporated towns, schools, churches, public or private parks, and subdivisions within one-half (1/2) mile of the proposed AFO.
c. The location of all inhabited dwellings located closer than six hundred sixty feet (660') from any facilities that will constitute any part of the animal confinement, feed storage or processing, or manure handling facilities and lagoons.
d. The location of all public roads and highways within three hundred feet (300') of the land upon which the AFO will be located.
e. The location of any existing wells and the boundary of any public water system source protection zones located within three hundred feet (300') of the boundary of the land on which the AFO will be developed.
f. The name of the person (or persons) or entity (or entities) that will be responsible for managing the AFO.
g. Written evidence of water rights available and necessary for the AFO and plans for the development of any water systems that will serve the AFO, including an estimate of the total annual quantity of water to be used.
h. Plans for controlling dust generated during construction and operation of the AFO.
i. A copy of mortality/dead animal disposal plan.
j. A plan to prevent or mitigate the effects of odors from the AFO on lands where uses presently exist that may be affected by the AFO.
k. Plans for controlling insects, rodents, or other undesirable animal species that may result from operation of the CAFO.
l. The access road(s), existing or proposed, for trucks and all other regular vehicular traffic to and from the AFO.
m. The total number of animals to be located on the AFO estimated as closely as possible for the next five (5) years.
n. A manure disposal plan.
3. Land Use Application: All applications to establish a level 3 AFO shall, in addition to the conditional use application materials required provide the following additional information:
a. All information required for level 2 AFO, as required by subsection C2 of this section.
b. All applications submitted to the Utah department of environmental quality, or if none have yet been submitted, the expected date on which all such applications will be submitted.
c. The expected number of persons necessary to operate the level 3 AFO (CAFO).
d. The estimated investment in the level 3 AFO (CAFO) if it is constructed as set forth in the proposal.
D. Fees: Fees for the review and processing of all permitted use applications and conditional use applications involving an AFO shall be in accordance with chapter 2 of the administrative manual. The application fee shall be based on the maximum number of animal units to be maintained in the AFO. Any permitted (P) use permit, conditional (C-1) use permit or conditional (C-2) use permit issued for the AFO shall not provide for more animals than the number on which the fee is based, unless the fee amount for additional animals is paid prior to permit approval. In the event that additional assistance is required to review the application, the county may, at its discretion, require the applicant to pay all or a portion of the professional fees incurred by the county for this service.
E. Filing Land Use Application: All permitted use applications and conditional use applications shall be submitted to the county planner who shall determine the application complete as required by chapter 2 of the administrative manual.
F. Application Review:
1. All permitted (P) use applications to establish and/or operate a level 1 AFO shall be reviewed as required by this section and chapter 7 of this title.
2. All conditional (C-1) use applications and all conditional (C-2) use applications, as applicable, to establish and/or operate a level 2 or level 3 AFO shall be reviewed as required by this section and chapter 8 of this title.
G. Site Selection Criteria And Required Minimum Separation: No AFO shall be constructed, or allowed to operate, except on sites meeting the minimum site selection criteria set out in this section, except for those that qualify as a legal nonconforming use under this section. The minimum site requirements and separation distances are:
1. Public Water Supply System: No AFO shall be located within the source protection area of a public drinking water supply system, except for a public water supply system constructed and operated solely for the benefit of the AFO.
2. Access For Vehicles: All roads, streets, and other accesses providing access for vehicles to the AFO shall be sufficient for the type and volume of traffic necessary for operation of the AFO, or adequate provision shall be made to improve such roads, streets, and accesses as part of the AFO approval.
3. Comprehensive Nutrient Management Plan: The AFO shall have sufficient lands for application of manure nutrients, unless the AFO will utilize other manure management systems such as systems providing nutrient reduction or processing of manure components. When required either by Utah law or by conditions of approval, an approved comprehensive nutrient management plan (CNMP) shall be prepared for the AFO, and arrangements shall be made for the use of lands to be used as part of the CNMP.
4. Utility Services: All utility services must be sufficient for the AFO, or provision must be made for such utility services to be provided.
5. Water Supply: There must be an adequate water supply for the AFO, with sufficient water rights either by contract or by rights appurtenant to the AFO lands.
6. Required Minimum Separation Distances: The following minimum separation distances shall apply to all AFOs:
a. The setbacks for land improvements used in a level 1 AFO shall be the setback requirements required by the zoning district.
b. In addition to the setback requirements of the zoning district all level 2 and level 3 AFOs shall comply with the following minimum separation distances:
(1) No corral, building or structure which houses or is intended to house any livestock or any manure storage area or waste lagoon shall be located closer than one-half (1/2) mile from the property or boundary line of the nearest incorporated town, school, church, public park, or platted subdivision.
(2) No corral, building or structure which houses or is intended to house livestock or any manure storage area or manure treatment lagoon shall be located closer than fifty feet (50') from the property line of the AFO facility.
(3) All corrals, buildings, or structures which house or are intended to house any livestock, and all manure storage areas and manure treatment lagoons shall be located at least one hundred feet (100') from the centerline of any road used by the public for general travel, except state and federal highways, for which the minimum separation distance shall be two hundred feet (200') from the centerline.
(4) The closest inside edge of the retaining wall of any manure treatment lagoon, or outside wall of a milking barn, or the outside edge of any corral or manure storage area shall be at least six hundred sixty feet (660') from the nearest inhabited dwelling, other than dwellings for the owner or employees of the AFO, or for which an appropriate easement has been obtained.
(5) No AFO structures which house, or are intended to house, livestock or any other contamination sources may be located within one hundred feet (100') of an existing well unless grouting or other wellhead protection approved by the appropriate state of Utah agency has been implemented.
(6) For a level 3 AFO, the required minimum separation distance shall increase from six hundred sixty feet (660') at the rate of one hundred feet (100') for each additional one hundred (100) animal units to a maximum of one and one-half (1.5) miles.
7. Consideration Of Application: The planning commission in considering and deciding a conditional use (C-1) level 2 AFO application, and the planning commission in recommending, and the county commission in considering and deciding a conditional use (C-2) level 3 AFO application, may modify the minimum separation distances, required by this section, for a level 2 AFO or level 3 AFO if it can be shown, by substantial evidence presented to the planning commission and county commission, that the purposes of this section, as provided by section 10-1-4 of this title can be secured, and the health, safety, and welfare of the citizens and businesses of Millard County is protected.
H. State Permits: Before the land use authority, as applicable, approves a permitted (P) use application, conditional (C-1) use application or conditional (C-2) use application to establish and/or operate any AFO, the owner shall obtain all of the necessary permits and licenses, as required by the state of Utah.
I. Notification: Before a land use application to establish or operate a level 3 AFO is determined complete by the county planner, the applicant shall provide evidence that the following Utah state agencies have been notified either in writing, or have been furnished a copy of the land use application:
1. Utah department of agriculture.
2. Utah department of environmental quality, division of water quality.
3. Utah department of environmental quality, division of air quality.
4. Utah department of environmental quality, division of solid and hazardous waste.
5. Utah department of environmental quality, division of drinking water if the AFO proposes to use a water system that would become regulated as a public drinking water system under Utah administrative code.
6. Central Utah public health department if the AFO proposes to use a private wastewater treatment system.
J. Minimum Design And Operational Requirements: In addition to minimum separation distances, the design and management practices of all AFOs can significantly influence the effects such facilities have on other land uses.
1. It shall be unlawful to operate any AFO without obtaining the necessary land use application approval as required by this section and this ordinance.
2. It shall be unlawful to operate any AFO in violation of any requirement or condition of approval or any other federal or state requirement.
3. It shall be unlawful to operate any AFO without the necessary state of Utah permits and licenses, or in noncompliance with such permits or licenses.
K. Incompatible Uses: If any non-AFO, or incompatible land use locates within the required separation distances of any AFO as set forth herein, or if any such non-AFO locates within a separation distance which the AFO would be required to maintain if it were designed for a greater number of animal units, the non-AFO may not maintain an action for nuisance or to compel the county to enforce this section with respect to the AFO. Further, the separation distance requirements for AFOs set forth in this section shall be determined at the time the AFO is permitted and shall not apply to other uses that encroach on the AFO after the AFO has been issued a valid land use permit. (Ord. 13-10-01, 10-1-2013)
Notes
| 1 | 1. The confinement of 10 or fewer animal units may occur without a permitted or conditional use approval in the RF, AG-20, AG, and AI zoning districts. All AFOs shall be considered a prohibited use in the R1, HC, LI and HI zoning districts. |