As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL PRACTICES
Includes all farming activities conducted necessary to the
operation of the agricultural operation.
BARNYARD
A fenced area inhabited by livestock where vegetation is
not maintained.
[Added 8-13-2012 by L.L. No. 4-2012]
FARM
Includes, but is not limited to, livestock, dairy, poultry,
forbearing animals, aquaculture, fruit, vegetable and field crop farms,
plantations, orchards, nurseries, greenhouses or other similar operations
used primarily for raising of agricultural or horticultural commodities.
LIVESTOCK STRUCTURE
Any structure used for the housing of livestock.
[Added 8-13-2012 by L.L. No. 4-2012]
MANURE STORAGE/MANURE COMPOST STORAGE AND MANURE STOCKPILE/MANURE
COMPOST STOCKPILE
A facility constructed as an accessory use to an animal husbandry
use, riding stable, or kennel, intended to hold, process, store, treat,
or distribute solid and liquid waste from animal livestock. Included
within this definition are system storage tanks, lagoons, drains,
and collection systems that handle animal waste. Not included within
this definition are systems designed and constructed to handle human
waste.
[Added 8-13-2012 by L.L. No. 4-2012]
[Added 8-13-2012 by L.L. No. 4-2012]
A. Barnyard and/or livestock structure. If there is an existing well,
landowners, lessees, occupants, easement holders or any other person(s)
or entity(ies) with a legal or beneficial interest are not allowed
to establish a land use of a barnyard and/or livestock structure within
100 feet of any well on level ground and 200 feet from the well if
the site is above the well.
B. Manure storage, manure compost storage, manure stockpile or manure
compost stockpile. If there is a preexisting well, landowners, lessees,
occupants, easement holders or any other person(s) or entity(ies)
with a legal or beneficial interest are not allowed to establish a
land use of manure storage, manure compost storage, manure stockpile
or manure compost stockpile within 100 feet of any well on level ground
and 200 feet from well if upgradient of any well. If a manure storage,
manure compost storage, manure stockpile or manure compost stockpile
has been designed by a qualified design professional with an operational
and maintenance plan to prevent contamination of surface water and
groundwater, a one-hundred-foot setback from an existing well is required.
C. Specific standards.
(1) Any manure storage, manure compost storage, manure stockpile and/or manure compost stockpile which exceeds 1,200 cubic feet for a period exceeding 120 days or 10,000 gallons requires a site plan map designed by a New York State professional engineer showing the facility, a building permit and a review with the Town of Phelps Planning Board pursuant to Chapter
115, Site Plan Review, of the Code of the Town of Phelps that is in keeping with this chapter.
(2) Exempted from this standard in Subsection
C are nonstructural practices related to manure and waste storage and handling specifically addressed by the New York State Department of Environmental Conservation regulations for CAFOs.
[Added 8-13-2012 by L.L. No. 4-2012]
The Code Enforcement Officer shall give written notice of violation
to the owner of the property on which a manure storage, manure compost
storage, manure stockpile or manure compost stockpile is put into
operation that is not in compliance with this chapter, and if it appears
that such violation may have been caused by someone other than the
owner of the property, the Code Enforcement Office shall also give
such written notice of violation to lessees, occupants, easement holders
or any other person(s) or entity(ies) with a legal or beneficial interest
in the property, as applicable to the violation. This notice shall
give a time period in which such violation shall be corrected. Failure
to remedy the violation within the time period specified in the notice
shall be punishable as hereinafter provided.
[Added 8-13-2012 by L.L. No. 4-2012]
A. Any person who shall violate any provision of this chapter shall
be guilty of a violation and shall, upon conviction, be subject to
a fine of not more than $250 or to imprisonment for not more than
15 days, or both such fine and imprisonment. Each week the violation
shall continue shall constitute a separate and distinct violation.
B. Compliance with this chapter may also be compelled and violations
restrained by order or by injunction of a court of competent jurisdiction.