[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The intent of this chapter is to provide Amelia County farmers
with guidance and standards in locating and operating intensive livestock,
dairy and poultry facilities and all other structures used for these
intensive agriculture operations. In doing so, the intent is to protect
the public health and welfare and environment of Amelia County and
its citizens, while providing for the orderly and responsible growth
of the agricultural industries. Where permitted by this chapter, agricultural
production activities including but not limited to tillage, crop production,
harvesting, and raising and pasturing of animals shall be permitted
uses as a matter of right subject to the standards of this article.
As used in this article, the following terms shall have the
meanings indicated:
The keeping or raising of livestock under cover or in a confined
lot for a total of 45 days or more in any twelve-month period. Examples
of animal confinement include, but are not limited to, dairies, poultry
houses, swine or veal operations, or feedlots.
A plan developed by the grower/operator or potential grower/operator
indicating the size, number and location of animal confinement facilities
planned during a five-year period.
A unit of measurement for general and intensive livestock
operations. An animal unit (AU) is approximately equivalent to 1,000
pounds of live animal weight. The following scale will be used to
calculate total animal units:
Slaughter cattle: each multiplied by 1.00.
Feeder cattle: each multiplied by 1.00.
Milking dairy cows: each multiplied by 1.50.
Young dairy stock: each multiplied by 0.60.
Swine, breeding stock: each multiplied by 0.40.
Swine, finishing hog over 55 lbs.: each multiplied by 0.15.
Swine, piglets under 55 lbs.: each multiplied by 0.03.
Sheep, lambs and goats: each multiplied by 0.25.
Horses: each multiplied by 2.00.
Turkeys: each multiplied by 0.02.
Laying hens and broilers: each multiplied by 0.01.
Veal calves: each multiplied by 0.08.
Other livestock, not listed above: to be determined case by
case.
A strip of land located so that it separates and protects
one type of use from another. Natural materials shall be used. Examples
include, but are not limited to, several staggered rows of evergreen
trees or an earthen berm.
A structure, reviewed and approved by the Piedmont Soil and
Water Conservation District, or other appropriate agency, utilized
for the disposal of dead fowl.
For the purpose of this article, either of the following
shall constitute an existing dwelling:
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
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 which has been occupied for a
thirty-six-month period of time within the five 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.
A livestock, dairy or poultry facility which is occupied
or has been occupied by a commercial livestock raiser, dairy or poultry
facility for a twelve-month period of time within the five years immediately
preceding 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.
Any hill, trees or combination thereof which completely blocks
the view of the animal confinement facilities from public roads and
any existing dwellings located on properties adjoining an animal confinement
building.
A relatively small confined land area for fattening cattle
or holding temporarily for shipment.
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 above definition of "animal unit" and:
A livestock operation with accessory uses or structures,
as defined below, which at any one time has at least 300 animal units
as referenced in the above definition of "animal unit" and:
A poultry operation with accessory uses or structures, as
defined below, which at any one time has at least 300 animal units
as referenced in the above definition of "animal unit" and:
Such animals are or will be stabled or confined and fed or maintained
for a total of 45 days or more in any twelve-month period; and
Crops, vegetation, forage growth or post-harvest residues are
not sustained over any portion of the operation of the lot or facility.
However, one standard poultry house shall be considered an intensive
operation.
A swine operation with accessory uses or structures, as defined
below, which at any one time has at least 300 animal units as referenced
in the above definition of "animal unit" and:
The owner or operator of the livestock or swine facility,
dairy, feedlot or poultry facility or the land on which the livestock,
dairy, feedlot or poultry facility is located.
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, incinerators, manure storage sites, poultry houses, poultry
disposal pits, and dead poultry cold storage chests.
Any storage sites where manure is kept for more than 60 days
within a twelve-month period.
A plan reviewed and approved by the Piedmont Soil and Water
Conservation District (PSWCD), the Virginia Cooperative Extension
Service or other appropriate agency that provides for the use and/or
disposal of livestock or poultry nutrients from the operation.
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 office of the Clerk of Circuit Court of Amelia County.
Any fowl raised in a confined intensive growing environment.
The minimum setbacks for primary structures associated with
new animal confinement operations shall be established as follows:
A.
Setbacks for feedlot, poultry, dairy and livestock operations.
(1)
Setback from all property lines shall be 300 feet.
(2)
Setback from public roadways shall be 150 feet.
(3)
Setback from existing dwellings, schools and churches shall
be 600 feet.
(4)
Setbacks from adjoining zoning districts, designated on the
Official Zoning Map at the time of the enactment of this article,
shall be 600 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Setbacks for swine operations.
(1)
Setback from all property lines shall be 500 feet.
(2)
Setback from public roadways shall be 300 feet.
(3)
Setback from existing dwellings, schools and churches shall
be 1,000 feet.
(4)
Setbacks from adjoining zoning districts, designated on the
Official Zoning Map at the time of the enactment of this article,
shall be 1,000 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Possible setback reduction. Setbacks may be reduced to a minimum
of 200 feet from the property line by mutual consent of the intensive
animal confinement operator and the affected adjacent landowners.
Consent shall be evidenced by written, formal agreement with the following
components:
D.
Setbacks for divided parcels. No intensive livestock, feedlot, dairy
or poultry facility permitted under this chapter shall continue in
operation if, after meeting the requirements for obtaining an intensive
livestock, feedlot, dairy or poultry facility permit, land is divided
from the parcel on which the intensive livestock, feedlot, dairy or
poultry facility is located, such that the setback requirements no
longer conform to this chapter.
E.
Setbacks for existing operations. In the A-5 and RP-5 Zoning Districts,
all intensive livestock, dairy and poultry facilities that exist on
the effective date of the revised chapter shall be deemed to be in
compliance with all setback requirements. However, all new structures
must comply with setback requirements with the exception that owners
may construct new structures in the agricultural district that do
not provide the minimum setback if existing facilities fail to satisfy
that particular setback. When the exception provision is used, setbacks
for new structures will be no less than the distance provided by existing
facilities.
Replacement or reconfiguration of animal confinement facilities
in operation as of the effective date of this amendment to this chapter
but which do not meet the requirements of this article are permitted
provided that:
A.
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 dairy, feedlot or swine numbers or increase in the area
of poultry housing.
B.
Replacement facilities do not encroach upon any setbacks required
under this article to a greater extent than the facilities being replaced.
C.
A nutrient management plan is obtained as provided for in this article.
Each application for a livestock, feedlot, 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, feedlot, dairy or poultry facility meets
all applicable setback requirements of this chapter and showing the
direction and distances to nearest existing dwellings, mobile home
parks, mobile home subdivisions, platted residential subdivisions,
residentially zoned districts, adjoining zoning districts, schools,
churches, public wells or rural service areas listed under other setbacks.
A.
Any intensive livestock raiser, dairy or feedlot operator or poultry
grower or a potential raiser, owner, grower shall file with the Zoning
Administrator a development plan which indicates the number, size
and location of livestock, feedlot, dairy or poultry facilities planned
for the subject parcel and the date the facility is scheduled to commence
operation. 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. The Zoning Administrator shall approve the animal
confinement development plan prior to the construction of the feedlot
or animal confinement facility. (It is strongly recommended that new
poultry operators consult with representatives of the Virginia Contract
Growers Association prior to developing their Animal Development Plan
in order to ensure knowledge of all aspects of this activity.)
B.
The development plan shall be based on the requirements of this article
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 the certified plats.
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 1/3 of the number of head of livestock or dairy animals
subject to this article or one poultry facility indicated in the development
plan must be placed into service within 12 months of the date on which
the development plan is approved by the Zoning Administrator, unless
at least 1/3 of the number of livestock, dairy or one 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 60 months have passed since the date on which the development
plan was approved for a parcel by the Zoning Administrator.
E.
The grower/operator shall notify the Zoning Administrator, in writing,
within 30 days of placement into service of any facilities indicated
in his/her development plan.
F.
In the event a grower/operator fails to build or have in place the minimum facilities required in Subsection D above and indicated in the development plan within 12 months of obtaining zoning approval for the facility, or fails to obtain zoning approval for any of the facilities indicated in his/her development plan within the prescribed five-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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Each parcel for which a development plan has been approved by the
Zoning Administrator shall display at its entrance, within 30 days
of said approval, a sign not smaller 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 and all costs of said sign(s) shall be the responsibility
of the grower/operator.
H.
Nothing herein shall be construed to prohibit an operator or potential
operator from submitting amendments to his/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 procedures listed above, according to the terms of this
chapter in effect at the time that the amendments or revisions are
submitted to the Zoning Administrator.
A.
On or after the effective date of this amendment to this chapter,
no facility permit shall be issued until a nutrient management plan
for the proposed facility has been reviewed and approved by the Piedmont
Soil and Water Conservation District, the Virginia Cooperative Extension
Service, or other appropriate agency 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 this chapter shall have
a nutrient management plan on file with the Zoning Administrator on
or before two 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 article of this chapter shall operate
without such a nutrient management plan.
B.
The nutrient management plan shall provide for the safe disposal
or use of 100% of the manure or 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, comply with the Chesapeake Bay Preservation
Act.[1] Each nutrient plan shall be subject to review by an agent
of the Piedmont Soil and Water Conservation District, the Virginia
Cooperative Extension Service or other appropriate agency.
[1]
Editor's Note: See § 62.1-44.15:67 et seq., Code
of Virginia.
C.
If off-site disposal is part of the nutrient management plan and
is otherwise permitted under the provisions of this article, the grower/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 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 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 grower/operator shall notify
the Zoning Administrator, in writing, at least 30 days before the
expiration of any such agreement or within five days whenever such
an agreement is terminated before its stated expiration date.
D.
Storage site.
(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; and
(b)
Meet all applicable requirements and standards of the Commonwealth
of Virginia or any department or division thereof; and
(c)
Meet the setback requirements of this article; and
(d)
Be protected from the elements; and
(e)
Be approved by the Virginia Cooperative Extension Service or
other applicable agency and shall:
[1]
Be located on an impermeable base;
[2]
Be out of all drainways; and
[3]
Have sufficient capacity to accommodate 100% of
the waste produced by each facility in operation on the parcel during
the four consecutive months in which the maximum number of heads of
animals are on the parcel. Poultry waste not stored on the parcel
may be exempt from a storage facility provided that waste is transported
directly from the poultry house to another area, property, or receiver
for immediate field application or an approved storage facility located
on another parcel.
(2)
Notwithstanding this section, if a grower/operator 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 grower's/operator's engineer, may permit the storage site
to be located on adjacent land owned by the grower/operator or, if
there is a valid agreement for off-site disposal as provided in this
section, the Zoning Administrator may permit the storage site to be
located on a parcel specified in the agreement for off-site disposal.
E.
Notwithstanding the provisions of this section, a grower/operator
whose facilities were in operation prior to the effective date of
this amendment to this chapter, in attempting to comply with the requirement
to provide a litter storage site within two years from the adoption
of this amendment, may locate an animal waste storage site within
any setback otherwise required in this article upon satisfaction that
the storage site will not encroach upon setbacks to a greater extent
than the existing facility.
F.
The nutrient management plan shall be reviewed and updated every
five years by the Piedmont Soil and Water Conservation District, 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.
G.
Best management practices shall be employed in the timing of the
spreading of nutrients and in the cleanliness and operation of the
facility to ensure that odors are kept to a minimum.
In siting the location of intensive animal facilities, every
effort should be made to use existing natural buffers to screen the
facility. Existing natural buffers should be supplemented by newly
created buffers to provide screening for the facility over a ten-year
period. The screening plan shall be part of the Animal Confinement
Development Plan.
An erosion and sedimentation control plan shall be submitted
for approval to the Zoning Administrator and shall be reviewed and
approved by the Piedmont Soil and Water Conservation District. The
plan shall be monitored and the provisions of the plan be enforced
by the Amelia County Erosion and Sediment Control Officer. The soil
erosion and sedimentation control plan shall be approved prior to
the issuance of the zoning permit.
Dead animals shall be disposed of by a procedure approved by
the State Veterinarian's office of the Virginia Department of Agriculture
and Consumer Services, Division of Animal Health. Dead bird disposal
facilities, such as composters, covered pits or incinerators, shall
be approved methods of disposal for normal mortality, but shall not
be considered sufficient to receive catastrophic mortalities over
10% or 5,000 pounds, whichever is greater. At no time shall dead animals
in excess of 10% or 5,000 pounds catastrophic mortality, whichever
is greater, be buried on the parcel, but they shall be transported,
in accordance with state animal health laws as may be prescribed by
the State Veterinarian, if applicable, to the nearest approved landfill
or rendering facility for disposal. Such disposal shall be approved
by the owner of the birds, who shall bear all expenses of the disposal.
A zoning permit shall be required prior to the construction
of any poultry facility or the expansion of any poultry facility.
The zoning permit, which is issued by the Zoning Administrator, shall
not be issued until the applicant has submitted an erosion and sedimentation
control plan, a nutrient management plan and a poultry development
plan. These items shall be approved prior to the issuance of the zoning
permit by the Zoning Administrator and before construction may begin.
The provisions of this article notwithstanding, a intensive
animal facility permit approved by the County prior to the adoption
of this article shall be valid, as issued, on condition that all requirements
set forth in the permit are met and construction is completed within
24 months from the adoption of this article. See nutrient management
plan requirements.
Any variances to the provisions of this article must be approved by the County of Amelia Board of Supervisors through the same procedures as set forth in Article IV of this chapter regarding special exception permits.
