[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.[2] 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.
B.
The permit fee.
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.
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.