(A) Purpose and intent. The purpose of this section is to provide for the continued viability of Northampton County's agricultural sector by encouraging the orderly and responsible management of riding/boarding and equine training facilities, livestock, dairy, and poultry operations. This section establishes standards consistent with Virginia's "Right to Farm" legislation for the conduct of both intensive and non-intensive livestock operations in a manner that will be harmonious with other types of land uses. The U.S. Environmental Protection Agency recognizes that concentrated animal husbandry may have the potential to contribute pollutants such as nitrogen and phosphorus, organic matter, sediments, pathogens, heavy metals, hormones, antibiotics, and ammonia to the environment. Excess nutrients in water (i.e., nitrogen and phosphorus) can result in or contribute to low levels of dissolved oxygen, eutrophication, and toxic algal blooms. These excess nutrients can pose a direct threat to Northampton County's established aquaculture industry and must be managed responsibly.
Findings. The Board hereby finds that the standards in this section were established by considering their impact on the agriculture, aquaculture and tourism industries in the county, on the proximity of A/RB Districts to extensive surface water resources, and on the proximity of established residential villages, hamlets, and other rural neighborhoods to the A/RB Districts.
The Board further finds that one or more substantial impacts on the public health, safety, or welfare have been identified when these standards are set by this section.
These substantial impacts, and the thresholds and standards related thereto, are based upon the comprehensive plan, study and existing state standards.
In addition, the board finds that the thresholds and standards established herein are the minimum necessary in order to satisfy the relevant policies, goals, and objectives of the comprehensive plan without allowing the activities and structures permitted by this section to cause substantial impacts and thereby endanger the public health, safety, or welfare.
(B) Definitions. The following applicable definitions are in addition to those set forth in § 154.2.003.
AMMONIA SCRUBBERS. Machines utilized in intensive poultry facilities for the purpose of removing ammonia gases from the air discharged by confinement buildings that house poultry.
COMPOST SHED. Free standing buildings built for the purpose of stockpiling and composting carcasses of dead poultry.
MANURE STORAGE. Freestanding buildings built for the purpose of stockpiling and composting manure derived from intensive livestock facilities or intensive poultry facilities.
MATURE WOODLANDS. Land occupied by native trees and under-story vegetation of at least 20 years of age.
(C) Minimum requirements for traditional farm-based livestock husbandry. Livestock facilities shall be situated on five acres or more, excluding federally defined tidal and non-tidal wetlands.
(D) The minimum lot size for equine riding/boarding and training facilities shall be one acre per horse.
(E) Setbacks.
(1) Setbacks for domestic livestock husbandry.
(a) Accessory buildings must conform to standards already established in particular zoning districts.
(b) Livestock handling or containment areas shall be set back a minimum of 100 feet from any shoreline.
(c) Limits of pasture may extend to the landward edge of a Resource Protection Area as defined in this chapter.
(2) Setbacks for traditional farm-based livestock husbandry.
(a) Livestock structures shall be situated according to the following setbacks:
1. From a public road right-of-way: 100 feet.
2. From property lines: 100 feet.
3. From tidal waters, wetlands, and perennial streams: 150 feet.
(b) Livestock handling or containment areas and limits of pasture(s) shall be situated according to the following setbacks.
1. From a public road right-of-way: 0 feet.
2. From property lines: 10 feet.
3. From tidal waters, wetlands, and perennial streams: 100 feet
(3) Setbacks for CAFOs, AFOs and manure storage and compost structures. Facilities shall be situated according to the following setbacks:
(a) From a public road right-of-way: 1,000 feet.
(b) From the limits of an incorporated town or Town Edge District: 1,500 feet.
(c) From Villages, Waterfront Villages, Hamlet/Residential, Waterfront Hamlet/ Residential, Existing Cottage Community/Residential, and Existing Subdivision/Residential Districts: 1,500 feet.
(d) From any property line: 1,000 feet.
(e) From tidal waters: 2,000 feet.
(F) Minimum requirements for CAFOs.
(1) Compost sheds must be operational upon commencement of the facility operation.
(2) Manure storage must be operational at the commencement of the facility operation.
(3) An opaque perimeter screening as established in § 154.2.105(I), Landscape plan requirements and standards, shall be installed and maintained. This perimeter screening shall be opaque in all seasons of the year and upon maturity shall not contain any unobstructed openings from the ground level up to eight feet in height.
(G) Animal waste handling. All animal wastes must be contained so that none are allowed to enter a Resource Protection Area. All manure storage must be at least 1,000 feet from a property line.
(H) Lagoons. Lagoons to serve livestock compounds may be permitted with a special use permit.
(I) Submittals required. No CAFOs are permitted until the developer has submitted to the county the following: a Nutrient Management Plan, a Stormwater Management Plan and an Erosion and Sediment Control Plan, approved by the appropriate agencies. The County reserves its right to ensure any such plans are consistent with County Ordinances, including this chapter. In addition, the operator must submit for county approval, a Contingency Plan for fire response, emergency response, public health response and vector control.
(Ord. passed 4-12-2016)