(A) This chapter applies to all confined animal feeding operations (“CAFO”) described herein unless otherwise exempted.
(1) A CAFO is any one site where animals are confined or maintained for a total of at least 45 days in any 12-month period, and such confinement or maintenance takes place in any barn, stable, structure or any portion of a fenced area where crops or forage vegetation (pasture) are not sustained in the normal growing season over substantially the entire area. CAFOs governed by this chapter confine or maintains animals of any one type in numbers exceeding the following at one site:
(a) Seven hundred mature cattle, including cows, heifers, steers and bulls;
(b) One thousand calves each weighing less than 200 pounds;
(c) Five hundred mature horses;
(d) One thousand five hundred swine each weighing 55 pounds or more;
(e) Five thousand swine each weighing less than 55 pounds;
(f) Two thousand five hundred sheep or lambs; or
(g) Twenty-five thousand poultry, including turkeys, chickens, laying hens or ducks.
(2) As used herein, CAFO does not apply to farming operations which do not exceed the above listed number of confined animals at any one site. CAFO does not include operations where animals are confined for short periods of time primarily for the purpose of butcher processing.
(B) As used throughout this document, ONE SITE means any real estate composed of-contiguous lands held under one document of title (i.e., one deed). Further, when multiple CAFOs conduct operations within the jurisdictional area and have any owner(s), manager(s), partner(s) or shareholder(s) in common, such multiple CAFOs shall be considered to be a single CAFO at one site for the purposes of calculating the number of animals. Further as used herein, the term CAFO or CAFO PROPERTIES or CAFO OPERATIONS includes all structures, equipment, vehicles and lands, regardless of location or ownership, which are used in any manner to conduct any CAFO activities, including the disposal of waste.
(C) This chapter does not apply to any completely constructed CAFO in active full operation with all planned animals on site as of the effective date, but shall apply to existing facilities if the average number of animals confined is expanded by more than 10% over the grandfathered practices in existence at the time this chapter becomes effective or in the event operations cease for more than 12 months.
(D) This chapter does not apply to CAFO land waste application practices in existence as of the effective date, but shall apply to existing grandfathered operations if the activities cease for more than 12 months, or the quantity of waste discharged at any one site is expanded by more than 10% over the grand-fathered practices in existence at the time this chapter becomes effective.
(E) This chapter sets forth requirements that are in addition to all federal, state and county legislation. In the event any federal, state or county legislation imposes a stricter standard than called for hereunder, then, the stricter standard shall control.
(F) It is the policy of this municipality that CAFO operations shall not be allowed to detrimentally impact public health and the environmental resources upon which the public depends, nor such operations be allowed to interfere with any citizen’s right to be secure in the enjoyment of property.
(Ord. 230-07, passed 1-8-2007)