[Ord. 1-1995, 5/1/1995, VII]
This Part shall be known and may be cited as the "North Lebanon
Township Animal Waste Ordinance."
[Ord. 1-1995, 5/1/1995, VII]
1. Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this Part to have the meanings herein
indicated.
A. Animal Waste Management Plan. A plan developed for the proper disposal
of manure on all lands that receive manure from this facility.
B. Animal Waste Storage and/or Transport Facility. A structure built
to store or transfer manure for future use. Types of animal waste
facilities include, but are not limited to: underground storage, in-ground
storage, trench silo, pull-plug, systems, gravity gutters or pipes,
earthen bank, stacking area and above-ground storage; provided, however,
that animal waste storage facilities are isolated in some manner from
animals and do not include those areas where waste, litter or bedding
are used for animal comfort.
C. Manure. The fecal and urinary defecation of livestock and poultry,
often containing some spilled feed, bedding or litter.
D. Nutrient Management Plan. A plan developed that properly utilizes
the produced nutrients for maximum crop production and minimal nutrient
loss.
E. Stream. Any stream identified on the most current USGS Map.
[Ord. 1-1995, 5/1/1995, VII]
1. No person shall erect, construct, expand or repair an animal waste
storage facility without first obtaining all necessary permits from
the Board of Supervisors of North Lebanon Township or its designated
agent.
2. No person shall perform or cause to be performed any alterations,
additions or improvements to any existing animal waste storage facility
without first obtaining all necessary permits from the Board of Supervisors
of North Lebanon Township or its designated agent.
3. No person shall perform or cause to be performed any substantial
repairs to any existing animal waste storage facility without first
obtaining all necessary permits from the Board of Supervisors of North
Lebanon Township or its designated agent. For purposes of this subsection
"substantial repairs" shall include, but not be limited to:
A. Repairs to the walls, floor or any other part of the structure of
any animal waste storage facility made necessary by the existence
or development of any holes, cracks or fissures therein or thereon
or the general deterioration of said walls, floor or other part of
the structure of any animal waste storage facility which allows or
has the potential of allowing any amount of leakage, no matter how
small, of manure as defined hereinabove.
B. Repairs to any sinkholes or depressions that have formed under or
along the floor or sides of any animal waste storage facility.
C. The existence or development of any sinkhole within 100 feet of any
animal waste storage facility shall be deemed to be an occurrence
which requires a repair to that facility. In such cases, any such
sinkholes shall be repaired pursuant to the procedures set forth in
this Part and under the supervision of the Lebanon County Conservation
District Office which shall use the technical guidance and judgment
of the United States Department of Agriculture Natural Resources Conservation
Service Office for Lebanon County, Pennsylvania.
[Ord. 1-1995, 5/1/1995, VII]
The permit fee shall be as adopted by a resolution of the Board
of Supervisors and is payable at the time of the permit application.
This fee is in addition to the fee charged by the Lebanon County Conservation
District in consideration of its review and/or development of a Nutrient
Management Plan. The Lebanon County Conservation District Fee Schedule
is attached as Exhibit A. The fees charged by the County Conservation District will
be those in effect at the time the application is filed and not necessarily
those listed under Exhibit A. The applicant should call the Lebanon
County Conservation District and obtain a copy of the latest fee schedule.
[Ord. 1-1995, 5/1/1995, VII]
1. A permit shall be issued by the Board of Supervisors of North Lebanon
Township after a determination that the health, safety and welfare
of the residents of North Lebanon Township will not be adversely affected
by the proposed construction and operation of the animal waste storage
facility and after receipt by the Board of Supervisors of the following:
A. A completed application for permit upon a form provided by the Township.
C. In the case of the construction of a new animal waste storage facility,
a letter from the Lebanon County Conservation District stating that
the applicant's animal waste facility design (management plan) has
been reviewed and recommended for approval by the Lebanon County Conservation
District and that all regulations and requirements of this Part have
been satisfied, and the review fee has been paid.
D. In the case of alterations, additions or improvements to any existing
animal waste storage facility, a letter from the Lebanon County Conservation
District stating that the design of the applicant's proposed alterations,
additions or improvements has been reviewed and recommended for approval
by the Lebanon County Conservation District and that all regulations
and requirements of this Part have been satisfied.
E. In the case of substantial repairs to any existing animal waste storage
facility, a letter from the Lebanon County Conservation District stating
that the design of the applicant's proposed repairs has been reviewed
and recommended for approval by the Lebanon County Conservation District
and that all regulations and requirements of this Part have been satisfied.
2. Failure to meet the criteria set forth in this Part shall result
in disapproval of the application for permit. In the event of such
disapproval the Board of Supervisors shall give notice thereof to
the applicant in writing, which shall include the specific reasons
for the disapproval.
3. After a permit is issued by the Board of Supervisors verifying compliance
with this Part, the applicant must obtain a building/zoning permit
from the Lebanon County Planning Department or the appropriate agency
as designated by the Board of Supervisors. No work shall commence
until after the building/zoning permit is issued.
[Ord. 1-1995, 5/1/1995, § VII]
1. Every person who installs, erects, constructs, expands, repairs or
improves an animal waste storage facility and the owner of the land
where the animal waste storage facility is placed shall be responsible
for satisfying the requirements of the following regulations:
A. Animal waste storage facilities shall be planned in compliance with
the publication Manure Management for Environmental Protection Manure
Manual, Bureau of Water Quality Management Publication No. 43, Pennsylvania
Department of Environmental Resources, and the Pennsylvania Technical
Guide, Standard No. 312 and 313, along with any revisions, supplements
and successors thereto.
B. All said designs shall be reviewed by the Lebanon County Conservation
District, which shall use, if necessary, the technical guidance and
judgment of the United States Department of Agriculture Natural Resources
Conservation Service Office for Lebanon County, Pennsylvania. The
applicant and the Board of Supervisors of North Lebanon Township shall
receive, by letter, a recommendation for approval from the Lebanon
County Conservation District prior to permit issuance.
C. A nutrient management plan shall be prepared and implemented in compliance
with the Pennsylvania Technical Guide, Standard and Specification
590, along with any revisions, supplements and successors thereto,
on all lands that receive manure from this facility.
D. A soil conservation plan shall be prepared and implemented according
to the plan schedule. The plan should be prepared in accordance with
the criteria in the Natural Resources Conservation Service (NRCS)
Handbook, along with any revisions, supplements and successors thereto.
E. Animal waste storage facilities shall be designed to be structurally
sound and essentially watertight based on subsurface conditions at
the site. Designs shall be prepared by a registered professional engineer,
the Midwest Plan Service, Natural Resources Conservation Service or
be a standard detail drawing concurred in by Natural Resources Conservation
Service, Pennsylvania Technical Guide, Standard 313 and 425.
F. Animal waste storage facility designs shall be reviewed by the Lebanon
County Conservation District within 30 days of receipt for compliance
with the criteria in paragraphs .A through .E above. The applicant
and Board of Supervisors of North Lebanon Township shall receive,
by letter, a recommendation for approval from the Lebanon County Conservation
District prior to permit issuance.
G. Construction of the new facility, alterations, additions, improvements
and repairs to an existing facility and subsequent operation of the
facility shall be in accordance with the permit and the approved design.
The Lebanon County Conservation District must be notified the day
before construction, alteration, addition, improvement or repair begins
for proper inspection and supervision of the same. Any design changes
during construction, alteration, addition, improvement, repair or
subsequent operation must be recommended for approval in writing by
the Lebanon County Conservation District and approved by the Board
of Supervisors.
H. No animal waste storage facility, as defined in §
2-302 herein shall be placed or located within 200 feet of any adjoining property, within 75 feet of any public road, 100 feet of a stream, or 100 feet of a well used for human consumption, except as hereinafter set forth in §
2-307.
I. The operator of the permitted facility shall have written consent
from the owner of any lands not owned by the permittee which will
receive manure from the permitted facility.
[Ord. 1-1995, 5/1/1995, § VII]
1. An animal waste facility, as defined in §
2-302 herein, may be placed or located less than 200 feet from any adjoining property or less than 75 feet from any public road, at the discretion of the Board of Supervisors of North Lebanon Township, provided that the following minimum standards are met:
A. The application must be in writing signed by the landowner or the
landowner's designated agent, employer or tenant, which application
must contain the following:
(1)
The name, address and telephone number of the landowner.
(2)
The name, address and telephone number of the agent, employee
or tenant of the landowner, accompanied by written approval of the
landowner for the submission of the application for a variance.
(3)
The location of the property within North Lebanon Township and
the number of acres included therein.
(4)
The names and addresses of all adjoining landowners of the subject
property, including landowners adjacent to any public street which
abuts the applicant's property.
(5)
A plot plan drawn to scale by a registered surveyor or engineer
showing the location of the proposed animal waste storage facility
and distances from property lines, existing buildings on the subject
property and wells. If any adjoining landowner's buildings or wells
are located within 200 feet of the property line, said buildings or
wells, and their distances from the property line, must be shown on
the plot plan.
(6)
A statement by the applicant as to why the provision of the
North Lebanon Township Animal Waste Ordinance cannot be met.
(7)
A written recommendation for approval from the Lebanon County
Conservation District including any additional restrictions on the
construction of said animal waste storage facility it deems necessary
in order to recommend approval.
(8)
The application must be accompanied by an application fee of
$150.
B. Upon receipt of the application, the Board of Supervisors of North
Lebanon Township will schedule a public hearing within 60 days thereof.
C. Notice of the public hearing will be sent to the adjoining landowner
within 10 days of said hearing as set forth in the application.
D. Within 45 days after the close of the last public hearing, the Board
of Supervisors of North Lebanon Township shall issue a written decision,
which need not include findings of fact and conclusions of law, to
the applicant either denying or granting the application.
E. In granting the application, the Supervisors may impose additional
restrictions on the construction of said animal waste storage facility
as they deem necessary.
[Ord. 1-1995, 5/1/1995, § VII]
The Board of Supervisors of North Lebanon Township shall adopt
by resolution the application form to be used by applicants for permits
hereunder.
[Ord. 1-1995, 5/1/1995, § VII]
Any person who violates the provisions of this Part shall be
informed of such violation by a written cease-and-desist order from
the Board of Supervisors of North Lebanon Township, ordering the violator
thereof to cease and desist such violations within 24 hours.
[Ord. 1-1995, 5/1/1995, § VII]
Any person who continues to violate the provisions of this Part beyond 24 hours after receipt of a cease-and-desist order pursuant to §
2-309 above shall, upon conviction thereof, in a summary proceeding, be sentenced to pay a fine of not more than $600 and the cost of prosecution. Each additional day's violation of any of the provisions of this Part shall constitute a separate offense.
[Ord. 1-1995, 5/1/1995, § VII]
In addition to or in lieu of the penalties provided in §
2-310, continued violations of this Part may be abated by the Township proceeding against the violator in a court of equity to obtain injunctive relief.