It shall be a violation of this article for a confined animal
facility to:
(1) House
more than 100 animal units per 10,000 square feet of confined animal
facility (enclosed) over any single 24-hour period.
(2) House
more than 500 animal units per each 5 acres of confined animal facility
(open) over any single 24-hour period.
Table - Animal Units
|
---|
Animal
|
Animal Units
|
---|
Cattle (beef)
|
220
|
Cattle (dairy cows)
|
500
|
Swine (sows or hogs)
|
60
|
Swine (piglets)
|
45
|
Sheep (ewes or rams)
|
30
|
Sheep (lambs)
|
15
|
Goats
|
15
|
Horses or equine animals
|
200
|
Chickens
|
5
|
Turkey
|
5
|
Ducks
|
5
|
Geese
|
5
|
Rabbits
|
5
|
Livestock - large
|
200
|
Livestock - small
|
15
|
(3) House
any animal in an individual enclosure within a confined animal facility
(enclosed) which does not meet or exceed the minimum square footage
sizes stated herein as follows:
Animal Type
|
Minimum Square Footage
|
---|
Cattle (beef)
|
200
|
Cattle (dairy cows)
|
500
|
Swine (sows or hogs)
|
50
|
Swine (piglets)
|
10
|
Sheep (ewes or rams)
|
50
|
Sheep (lambs)
|
50
|
Goats
|
50
|
Horses or equine animals
|
200
|
Chickens
|
4
|
Turkey
|
4
|
Ducks
|
4
|
Geese
|
4
|
Rabbits
|
4
|
Livestock - large
|
200
|
Livestock - small
|
50
|
(Ordinance 15-05, sec. 4, adopted 10/21/15; Ordinance 16-04, sec. 2, adopted 9/15/16)
Confined animal facilities within the scope of section
2.02.001 of this code shall comply with the requirements set forth in this section, and any failure to comply is a violation of this code which affects public health, sanitation or public safety within the meaning of section
1.01.009 of this code.
(1) Maintain
a one hundred foot buffer strip between any livestock activities and
any residential property.
(2) Provide
multiple fenced areas (paddocks) to allow rotation of livestock between
any areas maintained as pastures.
(3) Provide
secure fencing designed to confine the animals to be confined. Fencing
shall use metal posts.
(4) All
feeding areas shall provide for hay and/or feed to be maintained above
the ground.
(5) No
round hay bales are allowed.
(6) No
contaminated litter or animal waste will be allowed to accumulate
within any confined animal facility for more than 48 hours without
removal from the site. Contaminated litter and animal waste shall
be removed from pens on a daily basis and contained in a sealed container.
(7) No
more than 200 pounds of animal feed may be stored in unsealed containers.
(8) Prepare
and submit a management plan that demonstrates:
(A) An animal rotation and manure management plan that:
(i) Maintains water quality and quantity from pastured areas at the same
levels as that prior to animal confinement.
(ii)
Prevents the proliferation of insects and vermin.
(iii)
Maintains grass or vegetation cover over the entire pasture
area at all times.
(iv)
Considers seasonal variations in forage growth and waste assimilation.
(B) The management plan shall include routine (at least every six months)
water quality testing to validate the effectiveness of the plan. The
sampling plan shall include as a minimum testing for the following
parameters:
(ii)
Five day biochemical oxygen demand (BOD5).
(C) The management plan shall include reporting at least each six months
that includes:
(i) Documentation of the number, species, weight and number of days of
animals housed on each area (paddock).
(ii)
Documentation of manure management practices.
(iii)
Documentation of water quality sampling.
(Ordinance 15-05, sec. 4, adopted 10/21/15; Ordinance 16-04, sec. 3, adopted 9/15/16)
Confined animal facility (residential) and confined animal facilities
(existing) shall be exempt from this article.
(Ordinance 15-05, sec. 4, adopted 10/21/15)
(a) The owner or authorized operator of a confined animal facility which is within the scope of section
2.02.001 of this article and which:
(1) Houses more than 100 animal units per 10,000 square feet of confined
animal (enclosed) over any single 24-hour period; or
(2) Houses more than 500 animal units per each 5 acres of confined animal
facility (open) over any single 24-hour period;
shall obtain a confined animal facility operations permit. It
is a violation of this code to operate such a confined animal facility
without a permit and each day of operation without a permit is a separate
violation.
|
(b) Notwithstanding the provisions of subsection
(a), a confined animal facility is not subject to the permit requirements if it is a confined animal facility which is exempt pursuant to section
2.03.003 of this article. The burden of showing that such a confined animal facility operation permit is not required shall be on the person who claims such a permit is not required.
(Ordinance 16-10, sec. 1, adopted 9/15/16)
(a) The owner or operator of a confined animal facility required by section
2.03.031 of this article to obtain a confined animal facility operations permit shall make application, obtain and maintain a confined animal facility operations permit from the city board of adjustments (which is the same board as defined by section
3.02.001 [section
3.02.061] and sections
14.02.661 through
14.02.665 of this code) and prior to commencing construction or initiating operations of a confined animal facility. The application shall include the following:
(1) A site plan of the confined animal facility showing all buildings,
pens, fencing, grading, drainage, enclosed drainage systems (sanitary
and storm) access points, security features, manure management systems,
feed storage areas, parking, paved areas and appurtenant facilities.
The site plan shall also include the distance to any adjacent businesses
and residences from any part of the confined animal facility where
animals will be housed.
(2) A plan of all buildings showing the type of building construction,
the layout of all pens, feed storage areas, manure and waste handling
systems, animal loading/unloading and handling systems, vermin control
systems, odor controls systems, drainage systems (sanitary and storm),
security systems and appurtenant facilities.
(3) A manure and waste management plan prepared by a professional engineer.
(4) A vermin control plan prepared by a professional engineer.
(5) An odor control plan prepared by a professional engineer.
(6) A water quality management and monitoring plan prepared by a professional
engineer. The water quality plan shall demonstrate the following:
(A) Operation of the facility will not degrade the quality of the stormwater
discharged from the Site. It shall include ambient water quality samples
and provide for regular (at least quarterly) sampling during rain
events for the duration the confined animal facility operating permit
is in effect. Sampling shall include as a minimum:
(ii)
Five day biochemical oxygen demand (BODs).
(B) If monitoring indicates degradation of the stormwater from the ambient
conditions, the permit holder shall revise the plan and implement
measures to correct deficiencies.
(b) Upon
review of the application for completeness and conformance with the
requirements of the city’s ordinances, the board of adjustments
shall hold a public meeting and solicit public comment. After public
comment, the board of adjustments may either grant or deny the application.
If approved, the permit shall remain in effect for a term of five
years. After the permit expires, the board of adjustments shall hold
a public hearing and solicit public comments. After receipt of public
comments, the board of adjustments may or may not renew the permit
for another five-year term.
(c) The
board of adjustments may deny a permit renewal or at any time revoke
a confined animal facility operations permit for cause if:
(1) The permit holder is found in violation of the city ordinances more
than three times in any calendar year.
(2) The permit holder does not comply and does not remedy within fifteen
days the:
(A) Manure and waste management plan.
(D) The water quality management and monitoring plan.
(d) Any
revocation of a confined animal facility operation permit by the board
of adjustments for cause may occur only after notice to the permit
holder of the reasons for a proposed revocation, and an opportunity
for the permit holder to have a hearing with the board of adjustments.
(e) Notwithstanding the requirements of subsection
(d) above for notice and a hearing in advance of revocation of a confined animal facility operation permit, if the director of public safety determines in writing that there is a public health exigency that requires immediate revocation, with such reasons stated in writing, then the confined animal facility operation permit may be immediately revoked.
(1) Such written statement of reasons for immediate revocation shall
be delivered to the permit holder, or if the permit holder cannot
reasonably be located, then the written statement of reasons for revocation
shall be securely affixed to the main entrance of the confined animal
facility and any other entrance that appears to be used for access
to such facility.
(2) Upon written request of the holder of a revoked confined animal facility operation permit for a hearing with the board of adjustments, with such request delivered to the city within no later than 10 days after issuance of the written statement of reasons for revocation, a hearing with the board of adjustments shall be scheduled. Such a hearing with the board of adjustments shall be conducted no later than 21 days after the city receives a written request for a public hearing pursuant to the procedures and requirements of this code chapter
14, article
14.02, division
15, sections
14.02.661 through
14.02.665. Provided that the hearing may be conducted at a reasonable time later than 21 days after the request for a hearing if one of the following occurs:
(A) Upon agreement of the party appealing the revocation; or
(B) The chairman of the board of adjustments certifies in writing that
the hearing cannot be reasonably scheduled within the 21-day period.
(3) At any such public hearing concerning an immediate revocation of
the confined animal facility permit, the board of adjustments may
affirm the director of public safety’s decision to immediately
revoke the permit, or the board may set aside the director of public
safety’s revocation of the permit, or the board of adjustments
may otherwise modify or vary the confined animal facility operations
permit.
(f) The holder of a confined animal facility operation permit who wishes to appeal a decision of the board of adjustments made pursuant to subsections
(c),
(d) or
(e) above, may do so by filing suit in the district court within 10 days of the board’s written decision posted in the board’s office, as provided in this code section
14.02.665. Such an appeal shall be pursuant to the procedures set forth in Texas Local Government Code section 211.011 or any subsequent statute amending or replacing section 211.011.
(g) If
the confined animal facility operation permit is revoked or not renewed,
the permit holder shall remove all animals, waste, manure, feed and
other materials within fifteen days.
(Ordinance 16-10, sec. 1, adopted 9/15/16)