Intensive Livestock Operations Virginia Association of Counties

Transcription

1 Intensive Livestock Operations Virginia Association of Counties

2 VIRGINIA ASSOCIATION OF COUNTIES COMPENDIUM (Different County Approaches) INTENSIVE LIVESTOCK OPERATIONS VACo Annual Conference November 10, 1997

3 The following pages comprise a compendium of information which we hope will assist counties that are now considering changes to sections of their zoning ordinances relating to Confined Animal Feeding Operations. The following materials are included in this package: Item Page Numbers (right hand corner) Moratorium on Hog Farms (brief commentary by Flip Hicks) 1 Summary chart comparing various county ordinances 2 Right-to-Farm Legislation (passed by 1994 General Assembly) 5-9 VACo Model Ordinance, Intensive Livestock Facilities Suggest model ordinance, Virginia Farm Bureau County Ordinances Amelia County Brunswick County Dinwiddie County Greensville County Nottoway County Letter to Brunswick County from Law Firm of Mezzullo & McCandlish 62-65

4 VIRGINIA ASSOCIATION OF COUNTIES President, John D Jenkins, Prince William County President-Elect, Charles W. Curry, Augusta County First Vice President, Wanda C. Wingo, Botetourt County Second Vice President, Ferris M. Belman, Sr., Stafford County Secretary-Treasurer, Raymond F. Alsop, King and Queen County Immediate Past President, Katherine K. Hanley, Fairfax County Executive Director, James D. Campbell, CAE General Counsel, C. Flippo Hicks Moratorium on Hog Farms by: C. Flippo Hicks I have received a number of inquiries relative to a county adopting a moratorium on hog farms. I have advised these people I have discussed this with as follows: A county may not adopt a moratorium on hog farms just to say "we don't want hog farms in the county." In my opinion a board of supervisors may request that the planning commission study and make recommendations on amendments or revisions to the county zoning ordinances referring to intensive livestock production. In connection with the planning commission's action the Board of Supervisors may direct the county staff not to approve any permit applications forwarded to the county by the Virginia Department of Environmental Quality. If the county takes this action by emergency ordinance. the emergency ordinance would by law expire in sixty days, then during the sixty day period the board of supervisors should adopt an ordinance in the regular manner with notice and public hearing. The ordinance, whether emergency or regular. should request that the state not issue any general permits for intensive livestock production in the county pending the report of the planning commission and further action by the board of supervisors. I base the above recommendation on moratoria that counties in northern Virginia have used for rezoning applications while in the process of rezoning all or a portion of the county East Broad Street, Suite LL 20, Richmond, Virginia (804) , FAX (804) VACo95@aol.com

5 Intensive Livestock Operations, Comparison of Various County Ordinances

6 Intensive Livestock Operations, Comparison of Various County Ordinances

7 Intensive Livestock Operations, Comparison of Various County Ordinances

8 VIRGINIA ACTS OF ASSEMBLY SESSION CHAPTER 779 An Act to amend and reenact Chapter 293 of the Acts of Assembly of 1991, carried by reference in the Code of Virginia as , and to amend and reenact of the Code of Virginia, relating to the right to farm. [S 513] Approved April 11, 1994 Be it enacted by the General Assembly of Virginia: 1 That Chapter 293 of the Acts of Assembly of 1991, carried by reference in the Code of Virginia as , and of the Code of Virginia are amended and reenacted as follows: Right to farm; restrictive ordinances. In order to limit the circumstances under which agricultural operations may be deemed to be a nuisance, especially when nonagricultural land uses are initiated near existing agricultural operations, no county shall adopt any ordinance that requires that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. For the purpose of this section, production agriculture and silviculture means the bona fide production or harvesting of agricultural or silvicultural products but shall not include the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge. However, counties may adopt setback requirements, minimum area requirements, and other requirements that apply to land on which agriculture and silviculture activity is occurring within the locality that is zoned as an agricultural district or classification. No county, city or town shall enact zoning ordinances which would unreasonably restrict or regulate farm structures or farming and forestry practices in an agricultural district or classification unless such restrictions bear a relationship to the health, safety and general welfare of its citizens. This section shall become effective on April 1, 1995, and from and after that date all land zoned to an agricultural district or classification shall be in conformity with this section When agricultural operations do not constitute nuisance. A. No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Commonwealth. The provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances.

9 B. For the purposes of this chapter, "agricultural operation" shall mean any operation devoted to the bona fide production of crops, or animals, or fowl, including but not limited to the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery and floral products; and the production and harvest of products from silviculture activity. C. The provisions of subsection A shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person, firm, or corporation. D. Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and void; however, the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances. VIRGINIA ACTS OF ASSEMBLY SESSION CHAPTER 802 An Act to amend and reenact of the Code of Virginia, relating to zoning ordinances. [H 1288] Approved April 11, 1994 Be it enacted by the General Assembly of Virginia: 1. That of the Code of Virginia is amended and reenacted as follows: Permitted provisions in ordinances: amendments. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any or all of the following matters: (a) For variances as defined in (p) or special exceptions as defined in (i) to the general regulations in any district in cases of unusual situations or to ease the transition from one district to another, or for buildings, structures or uses having special requirements, and for conditional zoning as defined in (q) and for the adoption, in counties, or towns, therein which have planning commissions, wherein the urban county executive form of government is in effect, or in a city adjacent to or completely surrounded by such a county, or in a county contiguous to any such county, or in a city adjacent to or completely surrounded by such a contiguous county, or in any town within such contiguous county, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning map of reasonable

10 conditions, in addition to the regulations provided for the zoning district by the ordinance, when such conditions shall have been proffered in writing, in advance of the public hearing before the governing body required by by the owner of the property which is the subject of the proposed zoning map amendment. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. (a1) in the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare. (a2) Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. Such notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement such proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property. Any landowner who complies with the requirements of this subdivision shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subdivision (a1), unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subdivision shall acquire no rights pursuant to this section. (a3) The provisions of subdivisions (a1) and (a2) of this section shall be effective prospectively only, and not retroactively, and shall nor apply to any zoning ordinance text amendments which may have been enacted prior to March 10, Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation consulted and thereafter refiled. Nothing in this section shall be construed to affect or impair the authority of a governing body to:

11 1. Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or 2. Accept or impose valid conditions pursuant to subsection (c) of this section. subsection H of , or other provision of law. (b) For the temporary application of the ordinance to any property coming into the territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and pending the orderly amendment of the ordinance. (c) For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any other provisions of this article, the governing body of any city, county or town may reserve unto itself the right to issue such special exceptions. (d) For the administration and enforcement of the ordinance including the appointment or designation of a zoning administrator who may also hold another office in the county or municipality. The zoning administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance, including the authority to make conclusions of law and findings of fact, with concurrence of the attorney for the governing body, in connection with the administration, application and enforcement of the ordinance in specific cases, including determinations of rights accruing under , and further including the ordering in writing of the remedying of any condition found in violation of the ordinance, and the bringing of legal action to insure compliance with the ordinance, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to (e) For the imposition of penalties upon conviction of any violation of the zoning ordinance. Any such violation shall be a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. (f) For the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any appeal or amendment thereto (g) For the amendment of the regulations or district maps from time to time, or for their repeal. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body, (ii) by motion of the local commission, or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and.may further provide that substantially the same petition will not be

12 reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such governing body or commission proposing the rezoning shall state the above public purposes therefor. In any county having adopted such zoning ordinance, all motions, resolutions or petitions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within such reasonable time as may be necessary which shall not exceed twelve months unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both. In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as otherwise would be required by this subdivision. (h) For the submission and approval of a plan of development prior to the issuance of building permits to assure compliance with regulations contained in such zoning ordinance. (i) For areas and districts designated for mixed use developments as defined in (r) and planned unit developments as defined in (s). (j) For the administration of incentive zoning as defined in (t). The ordinance may also provide that petitions brought by property owners, contract purchasers or the agents thereof, shall be sworn to under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the local planning commission or governing body has any interest in such property, either individually, by ownership of stock in a corporation owning such land, partnership, as the beneficiary of a trust, or the settlor of a revocable trust or whether a member of the immediate household of any member of the planning commission or governing body has any such interest. The ordinance shall not require that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. For the purposes of this section, production agriculture and silviculture is the bona fide production or harvesting of agricultural or silviculture products but shall not include the processing of agricultural or silviculture products or the above ground application or storage of sewage sludge. However, localities may adopt setback requirements, minimum area requirements and other requirements that apply to land used for agriculture or silviculture activity within the locality that is zoned as an agricultural district or classification. 2. That the provisions of this act shall become effective on April 1, 1995, and from and after that date, all land zoned to an agricultural district or classification shall be in conformity with this act.

13 Intensive livestock, dairy, poultry facilities Section 1 Intent: It is the intent of this chapter of this zoning ordinance to provide for the continued security of County's agricultural sector by encouraging the orderly and responsible growth of its livestock, dairy and poultry industry. Section 2. Definitions: Intensive livestock facility (hereafter, ''livestock facility'') A livestock facility (as used in this ordinance) with accessory uses or structures. including feed storage bins, litter storage sites, incinerators, manure storage sites which at any one time has head of cattle, or hogs, or horses. Intensive dairy facility, (hereafter, ''dairy facility") A dairy with accessory uses or structures including feed storage bins, litter storage sites, manure storage sties, manure disposal pits which at any one time has dairy cows. Intensive poultry facility, (hereafter, "poultry facility") A poultry house with accessory uses or structures, including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for collection of dead birds which at any one time has chickens or turkeys. Livestock raiser, dairy operator, poultry grower: The owner of the livestock facility, dairy or poultry facility or the land on which the facility or dairy is located. Existing dwelling: for the purpose of this chapter of the zoning ordinance either the following shall constitute an existing dwelling: (a) A structure, designed for residential use, which is occupied on the date a completed application for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator; or (b) A structure, designed for residential use, which is not occupied on the date of completed application is received, but which has been issued a certificate of occupancy or which has been occupied for any period of time within the five (5) years immediately preceding the date on which a completed application for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator. Existing livestock, dairy, poultry facility (only for the purpose of determining residential setbacks in the Agriculture- 1 district under this chapter,) a livestock, dairy or poultry facility which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry facility for any period of time within the five (5) years immediately preceding

14 the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility. Parcel.; A measured portion of land separated from other portions of land by a metes and bounds description or described as a separate, discrete tract in an instrument of conveyance or devise and recorded in the offices of the clerk of this county. Section 3 Acreage requirements. Livestock facilities: the minimum parcel size on which an initial intensive livestock facility may be placed shall be acres for up to head of livestock. For each subsequent increase in the number of livestock, acres shall be required for each increased of livestock, provided that all other requirements of this chapter are met. Parcels with livestock facilities in operation as of the effective date of this amendment which do not have sufficient acres, as required above, shall be considered non-conforming existing usage and may continue so long as the operation is not abandoned for as long as two years continuously and there is no increase in the size or number of livestock kept on the parcel at one time and there is no diminution in the size of the parcel of land containing the intensive livestock facility. Setbacks from existing dwellings: Each livestock facility shall be set back from all existing dwellings not owned by the livestock raiser, as follows: 1. From an existing dwelling in the A-1 district, ( ) hundred feet.; 2. From an existing dwelling in an adjacent zoning district ( ) hundred feet Setbacks from property lines and public roads: 1. The setback for intensive livestock facility from property lines and public roadways shall be at least ( ) hundred feet Other setbacks All livestock facilities shall be set back at least feet from incorporated towns; plated residential subdivisions and residentially zoned districts; rural service areas; mobile home parks; public schools; churches; county, town and community recreation areas; public wells, springs and water intakes. Acreage requirements for dairies

15 Minimum parcel size on which an initial dairy may be placed shall be acres for up to head of dairy cows. For each subsequent increase in the dairy herd located on the subject parcel additional acres are required for each increased of dairy cows provided all the requirements of this chapter are met. Parcels for dairy operations and operations as of the effective date of this amendment which do not have sufficient acreage as required by this chapter are deemed to be non-conforming uses and may continue so as long as the operation is not abandoned for as long as two years continuously and there is no increase in the size of the dairy herd or diminution in the size of the parcel of land containing the intensive dairy facility. Setbacks from existing dwellings Each dairy shall be set back from all existing dwellings not owned by the grower, as follows: 1. From an existing dwelling in the A-1 district, ( ) hundred feet.; 2. From an existing dwelling in an adjacent zoning district ( ) hundred feet Setbacks from property lines and public roads The setback for dairies from property lines and public roadways shall be at least ( ) hundred feet. Other setbacks All dairies shall be set back at least hundred ( ) feet from incorporated towns; plated residential subdivisions; residentially zoned districts; rural service areas; mobile home parks; public schools; county, town, community recreation areas; and public wells, springs and water intakes; Acreage requirement for poultry facilities Minimum parcel size on which an initial poultry facility may be placed shall be ( ) acres, for each subsequent poultry house located on the subject parcel ( ) is required, provided all other requirements of this chapter are met. For additions to an existing poultry house on the subject parcel there must be an additional one (1) acre for each ( ) thousand square feet or part thereof of such addition, provided that all other requirements of this chapter are met. Parcels with poultry facilities in operation as of the adoption of this amendment to the zoning ordinance which do not have sufficient acres, as required above, are deemed to be non-conforming use and may continue in operation so long as there is no increase in the number and size of the poultry houses and there is no diminution in the size of the parcel of land. Setback from existing dwellings

16 Each poultry facility shall be set back from all existing dwellings not owned by the grower, as follows: 1 ) From an existing dwelling in the A-1 district, ( ) hundred feet 2 ) From an existing dwelling in adjacent zoning districts, ( ) hundred feet Setback from property lines and public roads The setback for poultry facilities from property lines and public roadways shall be at least ( ) hundred feet. Other setbacks All poultry facilities shall be set back at least ( ) feet from incorporated towns; plated residential subdivisions; residentially zoned districts; rural service areas; mobile home parks; public schools; county, town, community recreation areas; and public wells, springs and water intakes; Replacement and reconfiguration of livestock, dairy and poultry facilities Replacement or reconfiguration of livestock, dairy and poultry facilities in operation as of the effective date of this amendment to the zoning ordinance but which do not meet the requirements of this chapter may be permitted provided that" 1 ) there is no increase in the square footage devoted to the livestock operation, dairy or poultry house on the parcel and no increase in the number of livestock or dairy cows kept on the parcel or the number of poultry houses kept on the parcel at any one time. 2) Replacement facilities do not encroach upon any setbacks required under this chapter to a greater extent than the facilities being replaced. 3 ) A nutrient management plan is obtained as provided for in this chapter. Certified plat required Each application for a livestock, dairy or poultry facility shall be accompanied by a plat of the entire parcel with location of proposed facility prepared and signed by a land surveyor or civil engineer licensed by the Commonwealth of Virginia certifying that the proposed livestock, dairy or poultry facility meets all applicable setback requirements of this ordinance and showing the direction and distances to nearest residences, adjacent zoning districts, plated residential subdivisions, rural service areas, mobile home parks, public school; recreation areas; wells, springs and water intakes listed under other setbacks. Livestock, dairy or poultry facility development plans

17 (a) in the agricultural district. a livestock raiser, dairy operator or poultry grower or a potential raiser, owner, grower may file with the zoning administrator a development plan which indicates the number size and location of livestock, dairy or poultry facilities planned for the subject parcel. When such development plan has been approved and filed with the zoning administrator and during the period in which it remains in effect, the planned facilities shall be obliged to meet setbacks only from those dwellings and uses existing at the time the development plan is approved. (b) The development plan shall be based on the requirements of this chapter and shall be accompanied by a plat prepared and signed by land surveyor or civil engineer certified by the Commonwealth of Virginia verifying the accuracy of the distances shown in the development plan and containing all of the data required on certified plats herein above required. (c) The development plan shall remain in force only so long as the facilities proposed are constructed in accordance with the development plan and are placed in service in a timely manner. (d) At least one-third (1/3) of the number of head of livestock or dairy animals, subject to this chapter of the ordinance or one (1) poultry facility indicated in the development plan must be placed into service within twelve (12) months of the date on which the development plan is approved by the zoning administrator, unless at least number of livestock, dairy or one (1) such poultry facility is already in service on the subject parcel at the time the development plan is filed. Zoning approval for any subsequent facilities indicated in the development plan may only be obtained if no more than years have passed since the date on which the development plan was approved for a parcel by the zoning administrator. e ) The grower shall notify the zoning administrator in writing within thirty (30) days of placement into service of any facilities indicated in his development plan. (f) In the event a grower fails to build or have in place the minimum required in section (d) above facility indicated in the development plan within twelve ( 12) months of obtaining zoning approval for the facility, or fails to obtain zoning approval for any of the facilities indicated in his development plan within the prescribed ( ) year period the zoning administrator shall revoke the development plan and all future development plans of facilities on the subject parcel shall strictly conform to the requirements of this chapter. Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance a sign no smaller than two (2) square feet, or larger than four (4) square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "Certified Development Site."

18 Nutrient management plan (a) After the effective date of this amendment to the zoning ordinance, no facility permit shall be issued until a nutrient management plan for the proposed facility has been reviewed and accepted by the zoning administrator. Each facility already in operation or approved by the county prior to the effective date of this amendment to the zoning ordinance shall have a nutrient management plan on file with the zoning administrator on or before two (2) years from the effective date of this amendment or at such time an additional area devoted to livestock raising, dairy or poultry housing, litter storage, manure storage, composting of dead birds or other activity which would increase nutrient output of the facility is placed into service on the same parcel, whichever shall occur first. After two years from the effective date of this amendment no facility subject to this chapter of the zoning ordinance shall operate without such a nutrient management plan. (b) The nutrient management plan shall provide for the safe disposal or use of all manure, animal waste, produced by each facility. Disposal or use shall be accomplished by means of land application at approved locations and agronomic rates, as established by the Virginia Cooperative Extension Service and other appropriate agencies. Alternative methods of disposal may be used, as approved by appropriate state and local agencies. The nutrient management plan shall take into account, among other things, the presence of rivers, streams, public and private wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to ground or surface water pollution and where applicable, to comply with the Chesapeake Bay Preservation Act. Each nutrient plan shall be subject to review by an agent of the Virginia Cooperative Extension Service or other appropriate agency. (c) If off-site disposal is part of the nutrient management plan, the grower, raiser, operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the grower's facility. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes. 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 grower shall notify the zoning administrator whenever such an agreement is terminated before its stated expiration date within fifteen (15) days of such termination. (d) (1) The nutrient management plan shall also provide for a site, with or without a permanent structure, for the storage of animal wastes and shall; (a) be located on the same parcel as the facility to which it is an accessory use (b) meet the setback requirements of this chapter (c) be protected from the elements; and

19 (d) be certified by a professional engineer registered in Virginia that the site: 1) is located on an impermeable base; 2) is out of all drain ways: and 3) has sufficient capacity to accommodate one hundred (100) percent of the waste produced by each facility in operation on the parcel during the four (4) consecutive months in which the maximum number of heads of animals or number of poultry are on the parcel. (d) (2) Notwithstanding this section, if a raiser, operator or grower is unable to locate a site on the same parcel because of insufficient acreage or topographical hardship, then the zoning administrator, after consultation with the raiser's, operator's or grower's engineer, may permit the storage site to be located on adjacent land owned by the raiser, operator, grower; or, if there is a valid agreement for off-site disposal as provided in this section, the zoning administrator may permit the storage site be located on a parcel specified in the agreement for off-site disposal. (e) Notwithstanding the provisions of this section, a raiser, operator, or grower whose facilities were in operation prior to the effective date of this amendment to the zoning ordinance, in attempting to comply with the requirement to provide a litter storage site within two (2) years from the adoption of this amendment may locate an animal waste storage site within any setback otherwise required in this chapter upon satisfaction that the storage site will not encroach upon setbacks to a great extent than the existing facility. ( f) The nutrient management plan shall be reviewed and updated every five (5) years by an agent of the Virginia Cooperative Extension Service or other appropriate agency and by the zoning administrator, and more frequently if deemed necessary or advisable by the county or its agent.

20 SUGGESTED MODEL ORDINANCE March 1, 1996 INTENSIVE LIVESTOCK, DAIRY, POULTRY FACILITIES SECTION Intent It is the intent of this chapter of this zoning ordinance to encourage economic development and to preserve farmland by providing for the viability of County's agricultural sector by encouraging the orderly and responsible growth of livestock, dairy, and poultry industry. Within the Agricultural district and the agricultural classification [list all zoning classifications in which agriculture is contemplated as a use], all agricultural production activities (e.g., tillage, crop production, harvesting, pasturing of animals, etc.), related best management practices and minor processing shall be uses by right to which the provisions of chapter [cite chapter that established agriculture class and district] of the zoning ordinance apply. In addition, any agriculture production activity that is described in chapter of the zoning ordinance and that is undertaken in accordance with the provisions of this chapter within Agricultural district or within the agricultural classification shall also be a use by right. SECTION Definitions: Livestock includes all domestic or domesticated bovine animals, including but not limited to cattle; equine animals, including but not limited to horses; ovine animals, including but not limited to sheep; porcine animals, including but not limited to hogs. Intensive livestock facility, (hereafter, "livestock facility"): A livestock operation with accessory uses or structures, as defined below, which at an one time has at least 300 animal units as referenced in the below chart and that: 1. such animals are or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve month period; and, 2. crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility. Intensive dairy facility, (hereafter, "dairy facility ): A dairy operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as referenced in the below chart and that: 1. such animals are or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve mouth period;

21 and, 2. crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility. Intensive poultry facility, (hereafter, "poultry facility ): A poultry operation with accessory uses or structures, as defined below, which at any one time has at least 300 animal units as reference in the below chart and that: 1. such animals are or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve month period; and, 2. crops, vegetation, forage growth or post-harvest residues are not sustained over any portion of the operation of the lot or facility. Type of Facility Livestock Livestock Livestock Livestock Dairy Poultry Poultry Equivalent of 300 animal units 300 slaughter and feeder cattle 750 swine each weighing over 55 pounds 150 horses 3,000 sheep or lambs 200 mature dairy cattle (whether milked or dairy cows) 16,500 turkeys 30,000 laying hens or broilers Livestock, dairy, poultry structure: Any building, structure, installation, storage container, or storage site used in the operations of an intensive livestock, dairy, or poultry facility, including, but not limited to, feed storage bins, litter storage sites, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests. Livestock raiser, dairy operator, poultry grower, (hereafter, "operator ): The owner or operator of the livestock facility, dairy or poultry facility or the land on which the livestock, dairy, or poultry facility is located. Existing dwelling: For the purpose of this chapter of the zoning ordinance either of the following shall constitute an existing dwelling: (a) A structure, designed for residential use, which is occupied on the date a completed application for a livestock, dairy or poultry facility building permit or other zoning approval is received by the office of the zoning administrator; or (b) A structure, designed for residential use, which is not occupied on the date a completed application is received, but which has been issued a certificate of occupancy or a building permit prior to the date on which a completed application for a livestock, dairy, or poultry facility building permit or other zoning approval is received by the office of the zoning administrator or which has been occupied for a three (3) year period of time within the five(5) years immediately preceding the date on which a completed application for a livestock, dairy, or poultry facility building permit or other zoning approval is received by the office of the zoning administrator.

22 Existing livestock, dairy, poultry facility: (only for the purpose of determining residential setbacks in the Agriculture - district under this chapter.) A livestock, dairy, or poultry facility which has been in operation for a one (1) year period of time within the five (5) years immediately preceding the date on which zoning approval is sought for a dwelling or where zoning approval is not necessary for such dwelling, the date on which a building permit is sought for such dwelling. Parcel of land: A measured portion of land separated from other portions of land by a metes and bounds description or described as separate, discrete tract in an instrument of conveyance or devise and recorder in the offices of the clerk of this county. SECTION Acreage requirements. The minimum number of acres on which an intensive livestock, dairy, or poultry facility may be established shall be either the number of acres required by the nutrient management plan and which has been approved pursuant to Section 5 herein or as follows: 1. For an intensive facility in which beef or dairy cattle are confined and fed, 60 acres or; 2. For an intensive facility in which swine are confined and fed, 20 acres: 3. For intensive facility in which poultry are confined and fed, 20 acres. All such acres for any one intensive facility need not be contiguous, if the operator owns or has the right to possession of all acres on which such facility shall be established. In addition, the operator shall be able to demonstrate that he or she has a right to access between any nor-contiguous acres in such operators. Livestock, dairy or pointy facilities in operation as of the effective date of this amendment which do not have sufficient acres, as required above, shall be considered non-conforming existing uses and may continue so long as the operation is not abandoned for as long as two years continuously. 3.2 Setbacks from existing dwellings: Each livestock, dairy, or poultry structure shall be set back from all existing dwellings not owned by the operator as follows: 1. From an existing dwelling in the Agriculture - district, three hundred (300) feet; 2. a) From an existing dwelling in an adjacent zoning district, six hundred (600) feet;

23 2. b) The operator may reduce the above 600 feet setback to 400 feet if he/she plants a 10 foot wide vegetative screen that will grow to at least 6 feet in height in two years unless there is a natural barrier that meets the height and width requirements. The setback requirements may be reduced by mutual consent of the owner of an intensified livestock, dairy, and poultry structure and the owner of an existing dwelling. Consent shall be evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all proposed livestock, dairy, and poultry structure that are intended to be subject to the setback reduction. The notarized affidavit shall be filed with the zoning administrator. 3.3 Setbacks from existing livestock, dairy or poultry facilities: Each dwelling not owned by the operator shall be set back from all existing livestock, dairy, or poultry structures as follows: 1. From an existing livestock, dairy, or poultry structure in the Agriculture - district, three hundred (300) feet; 2. a) From an existing livestock, dairy, or poultry facility in an adjacent zoning district, six hundred (600) feet; b) The owner of the new dwelling may reduce the above 600 feet setback to 400 feet if he/she plants a 10 foot wide vegetative screen that will grow to at least 6 feet in height in two years unless there is a natural barrier that meets the height and width requirements. The setback requirements may be reduced by mutual consent of the owner of an intensified livestock, dairy, and poultry structure and the owner of an existing dwelling. Consent shall be evidenced by a notarized affidavit stating the agreed upon setback reduction and any and all proposed livestock, dairy, and poultry structure that are intended to be subject to the setback reduction. The notarized affidavit shall be filed with the zoning administrator. 3.4 Setbacks from Property lines and Public roads: The setback for intensive livestock, dairy, poultry structures from property lines and public roadways shall be at least one hundred fifty (150) feet. 3.5 Other Setbacks All livestock, daily, poultry structures shall be set back at least one thousand (1000) feet from incorporated towns; platted residential subdivisions; residentially zoned districts; mobile home parks; public schools; churches; county owned buildings; county, town and community recreation areas; public wells, public springs and public water intakes.

24 The operator may reduce tile above 1000 feet setback to 800 feet if he/she plants a 10 foot wide vegetative screen that will grow to at least 6 feet in height in two years unless there is a natural barrier that meets the height and width requirements. 3.6 Certified plat required The owner of an intensive facility constructed or completed after the effective date of this chapter shall file with the zoning administrator a plat or similar documentation showing the entire parcels on which the facility is located and also showing the location of the facility within the parcel or parcels. With this plat or similar documentation, the owner shall submit a written statement, sworn to and subscribed before a notary public, by which the owner certified to the zoning administrator that the intensive facility shown on the plat or similar documentation meets all applicable setback requirements of this ordinance. SECTION Livestock, dairy or poultry facility development plans a) In the Agricultural - district, an operator or a potential operator may file with the zoning administrator a development plan which indicates the number, size and location of livestock, dairy or poultry structures planned for the subject parcel. When such development plan has been approved by and filed with the zoning administrator and during the period in which it remains in effect, the planned structures shall be obliged to meet setbacks only from those dwellings and uses existing at the time the development plan is approved. The zoning administrator shall approve within 30 days of receipt of the development plan, or if the development plan does not meet the requirements of Sections 3 and 4, the zoning administrator shall return the development plan to the person who submitted it, together with a written description of the portion(s) of the development plan that do not comply with such Sections. b) The development plan shall be in effect for a period of ten (10) years from the date upon which the plan is filed. c) The development plan shall be based on the requirements of this charter and shall be accompanied by a plat or similar documentation verifying the accuracy of the distances shown in the development plan and containing all of the data required as specified pursuant to Section 3 of this chapter. d) The development plan on such parcel shall remain in force only so long as the structures proposed are constructed in accordance with the development plan. The development plan shall be transferable from the owner or operator to another owner or operator unless otherwise stated in the plan by the initial owner or operator. e) The operator shall notify the zoning administrator in writing within thirty (30) days of placement into service of any structure indicated in his/her development plan.

25 f) Each parcel for which a development plan has been approved by the zoning administrator shall display at its entrance a sign no smaller than two (2) square feet, or larger than four (4) 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. g) Nothing herein shall be construed to prohibit an operator or a potential operator from submitting amendments to his or her original development plan or to submitting revised development plans at any time. The zoning administrator shall approve the amended or revised development plan, following the standards set for in 4.1 (a) above, according to the terms of the zoning ordinance in effect at the time that the amendments or revisions are submitted to the zoning administrator. SECTION Nutrient Management Plan (a) After the effective date of this amendment to the zoning ordinance, no intensive facility shall commence operation until a nutrient management plan if required by the Commonwealth of Virginia for the proposed facility has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperation Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner. b) If off-site disposal is part of the nutrient management plan, the operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the operator's facility or an affidavit, sworn and subscribed before a notary public, that states his/her intention to dispose of the waste through sale in retail establishments or otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes. 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 zoning administrator whenever such an agreement is terminated before its stated expiration date within fifteen (15) days of such termination. (c) (1) The facility shall also provide for a site, with or without a permanent structure, for the storage of animal wastes if required by the Commonwealth of Virginia and meet all applicable standards of the Commonwealth. (c) (2) Notwithstanding this, if a operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, then the zoning administrator, after consultation with the operator's engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this section, the zoning administrator may

26 permit the storage site be located on a parcel specified in the agreement for off-site disposal. (d) The nutrient management plan shall be reviewed arid updated every ten (10) years by an agent of the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner.