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(A) Purpose and intent. It is the purpose and intent of these regulations to provide for the continued viability of the county’s agricultural sector by encouraging the orderly and responsible growth of its livestock, dairy, and poultry industry.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXISTING DWELLING. A structure designed for residential use which is completed or in the process of being completed on the date a completed application for a intensive agricultural facility is received by the Land Use Administrator.
INTENSIVE AGRICULTURAL FACILITY. Those intensive agricultural operations commonly known as confinement operations, where large numbers of animals are confined to a relatively small space and therefore tend to produce odors, flies, rats, and noise and may contaminate ground and surface waters and which include such operations as hog, veal, and poultry pens and houses, feedlots for beef, sheep, and other animals, and dairy operations. For the purpose of this section, any enclosure, pen, or building for the concentrated confinement of livestock or fowl wherein more than 100 veal animals, slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, 3,000 sheep, lambs, goats, or similar animals, 16,500 turkeys or 30,000 laying hens or broilers are confined or housed shall constitute intensive agriculture. Occasional confinement that does not exceed 90 days in a given 365-day period shall not be considered INTENSIVE.
LIVESTOCK RAISER, DAIRY OPERATOR, POULTRY GROWER. The owner of the livestock, dairy or poultry facility, or the land on which the facility is located.
(C) Minimum acreage requirements. The minimum number of acres on which an intensive agricultural facility may be established shall be as follows.
(1) Intensive agricultural facility (other than poultry). One hundred acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility and are used in the nutrient management plan for waste disposal shall be contiguous.
(2) Intensive poultry facility. Twenty acres or the number of acres required by an approved nutrient management plan, whichever is greater. All parcels of land which comprise the facility must be contiguous, however, the area used for the nutrient management need not be contiguous. The operator shall provide evidence acceptable to the Land Use Administrator of the right of use or proof of ownership of any noncontiguous parcels associated with the nutrient management plan.
(3) Nonconforming uses. Existing livestock, dairy, or poultry facilities in existence and in operation on the effective date of this section as determined by the Land Use Administrator that do not meet the minimum acreage requirement, shall be considered nonconforming uses and may continue or be expanded as provided in § 157.072(G).
(D) Setbacks. Intensive agricultural facilities shall observe the following setbacks:
(1) From existing dwellings owned by the facility operator or immediate member of the operator: 300 feet. Written documentation of an agreement sworn and subscribed before a notary public between the affected operator and immediate family member shall be required. Otherwise the setback requirement of division (D)(2) below shall apply;
(2) From existing dwellings not owned by the facility operator or immediate family member of the operator: 1,000 feet;
(3) From other existing like facilities: one mile (5,280 feet);
(4) From public streets: 200 feet;
(5) From all other property lines not abutting a public street: 250 feet;
(6) From incorporated towns, residentially zoned districts, manufactured home parks, schools, churches, county, state or federally owned buildings, community recreation areas, wells and other water supply sources: 2,000 feet; and
(7) Any existing intensive agricultural facility in operation on the effective date of this section, as determined by the Land Use Administrator, that do not meet the setback requirements of this section shall be considered nonconforming uses and nonconforming structures so long as the existing use of the facility or structures is not interrupted for more than two years.
(E) Plat. The operator of an intensive agricultural facility constructed, expanded, or completed after the effective date of the section shall file with the Land Use Administrator a plat or similar documentation acceptable to the Land Use Administrator showing the entire parcel or parcels on which the facility is located and also showing the location of the facility within such parcel or parcels. With this plat or similar documentation, the operator shall submit a written statement, sworn to subscribed before a notary public, by which the operator certifies to the Land Use Administrator that the facility shown on the plat or similar documentation meets all applicable setback requirements of this chapter and that the plat or similar documentation is a complete and accurate depiction of the facility on the parcel or parcels.
(F) Intensive agricultural facility development plans.
(1) The operator or a potential operator of an intensive agricultural facility shall file with the Land Use Administrator, a development plan which indicates the number, size, and location of livestock, dairy, and poultry facilities planned for the subject parcel and the date the facility is scheduled to commence operations. When such development plan has been filed with and approved by the Land Use Administrator and during the period in which it remains in effect, the planned facilities shall be obligated to meet setbacks only from those dwelling and uses existing at the time the development plan is approved. The Land Use Administrator shall approve the development plan within 45 days of receipt if such development plan meets the requirements of this section. However, if the development plan does not meet the requirements of this section, the Land Use Administrator shall return the development plan to the person who submitted it, together with a written description of the portions of the development plan that did not comply with this section.
(2) The development plan shall be based upon the requirements of this section and shall be accompanied by a plat or similar documentation acceptable to the Land Use Administrator verifying the accuracy of the distances shown in the development plan and containing all the data required as specified pursuant to this section.
(3) The development plan shall remain in force only so long as the facilities proposed are constructed in accordance with the development plan and the provisions of this section. Any variation from the development plan will cause the plan to be null and void and the operator out of compliance with this section.
(4) At least one-third of the number of head of livestock or dairy animals, subject to this section or one poultry facility indicated in the development plan must be placed into service within two years of the date in which the development plan is approved by the Land Use Administrator, unless at least one-third of the number of livestock, dairy, or one such poultry facility is already in service on the subject parcel or parcels at the time the development plan is filed. Zoning approval for any subsequent facilities indicated in the development plan may be obtained if no more than five years have passed since the date on which the development plan was approved by the Land Use Administrator. Otherwise, a new development plan shall be filed and approved by the Land Use Administrator pursuant to the provisions of this section then in effect.
(5) The operator shall notify the Land Use Administrator in writing a minimum of 30 days prior to placement into service any facilities indicated in the development plan.
(6) In the event an operator fails to build the proposed facility or have in place this minimum number of animals required or fails to obtain zoning approval for any of the facilities indicated in the development plan within the applicable time, the Land Use Administrator shall revoke the development plan. All future development plans for facilities on the subject parcel or parcels shall conform to the requirements of this section in effect at the time such future plan is submitted for approval.
(7) Each parcel for which a development plan has been approved shall display at its entrance, within 15 days of said approval, a sign not less than two square feet or larger than four square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words “Certified Agricultural Development Site”. Fabrication, installation, maintenance, and all costs of the signs shall be the responsibility of the operator.
(8) Nothing herein shall be construed to prohibit an operator or a potential operator from submitting amendments to the original development plan or to submitting revised development plans for approval.
(G) Nutrient management plan.
(1) On or after the effective date of this amendment to this chapter, no intensive agricultural facility shall commence operation until a nutrient management plan for the proposed facility has been reviewed and approved by the State Department of Conservation and Recreation or by State Cooperative Extension Service or by a person certified or employed by the county as a nutrient management specialist.
(2) If off-site disposal for dry waste is part of the nutrient management plan and is otherwise permitted under the provisions of this section, the operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the waste produced at the operator’s facility or an affidavit, sworn and subscribed before a notary public, that states the intention to dispose of the waste through sale in retail establishments or otherwise to consumers. Documentation shall specify the duration of the agreement and the nature of the application or use of the waste. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The operator shall notify the Land Use Administrator in writing at least 30 days before the expiration of any such agreement or within five days after any such agreement is terminated before its stated expiration date.
(3) The nutrient management plan shall also provide for a site, with a permanent structure, for the storage of animal wastes which shall meet all applicable requirements and standards of the state or any department or political division thereof. If an operator is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, then the Land Use Administrator, after consultation with the operator’s engineer, may permit the storage site to be located on land owned by the operator adjacent to the facility; or, if there is a valid agreement for off-site disposal as provided by this section, the Land Use Administrator may permit the storage site to be located on a parcel specified in the agreement for such off-site disposal.
(4) The nutrient management plan unless sooner required by the provisions of this section, or by the state or any department or division or by the county, shall be reviewed and updated every ten years by an agent of the State Department of Conservation and Recreation or by the State Cooperative Extension Service or by a person certified or employed by the state or the county as a nutrient management specialist.
(Ord. passed 11-9-1995) Penalty, see § 157.999