It is the intent of this article to provide for the continued
well-being of Northumberland County's agricultural sector by encouraging
the orderly and responsible growth of its livestock industry, including
dairy, beef, swine, horses, sheep, goats, poultry or other similar
animals, consistent with protecting water quality as required by law.
As used in this article, the following terms shall have the
meanings indicated:
DWELLING, EXISTING
A.
A dwelling which is legally occupied on the date an application
for an intensive agricultural livestock operation permit is officially
filed in the office of the Zoning Administrator; or
B.
A dwelling for which a building permit has been issued on the
date an application for an intensive agricultural livestock operation
is officially filed in the office of the Zoning Administrator; or
C.
A dwelling which has been legally occupied for a cumulative
period of 36 months within the previous 60 months on the date an application
for an intensive agricultural livestock operation is officially filed
in the office of the Zoning Administrator.
INTENSIVE LIVESTOCK FARMING FACILITY
A facility (as used in this chapter) with accessory uses
or structures, including feed storage bins, litter storage sites,
incinerators, manure storage sites, disposal pits and/or cold storage
chests, used in an intensive livestock farming operation.
INTENSIVE LIVESTOCK FARMING OPERATION
A.
An operation, including any enclosures, pens, feed lots, buildings
or groups of buildings, used to feed, confine, maintain or stable
the following animal types, or a combination of animal types, at any
one time:
(1)
Three hundred slaughter and feeder cattle.
(2)
Two hundred mature dairy cattle.
(3)
Seven hundred fifty swine.
(4)
One hundred fifty horses.
(5)
Three thousand sheep and lambs, goats or similar animals.
(6)
Sixteen thousand five hundred turkeys.
(7)
Thirty thousand laying hens or broilers.
B.
Any combination of the categories set forth above shall be calculated
proportionately by reference to this table to determine the equivalent
number of animal units in such combination.
PARCEL
A measured portion of land separated from other portions
of land as described by metes and bounds, or described as a separate,
discrete tract in an instrument of conveyance or devise and recorded
in the office of the Clerk of the Circuit Court of Northumberland
County.
The setback for an intensive agricultural livestock operation
from all existing dwellings not owned by the operator, or by a member
of the immediate family of the operator, shall be as follows:
A. From an existing dwelling in the Agricultural A-1 District, the setback
shall be 300 feet.
B. From an existing dwelling in an adjacent zoning district, the setback
shall be 600 feet.
C. The operator may reduce the above setback of 600 feet to 400 feet
if he or she plants a ten-foot-wide vegetative screen that will grow
to at least six feet in height in two years, unless there is a natural
barrier that meets the height and width requirements.
D. The setback for an intensive agricultural operation from property
lines shall be at least 300 feet.
E. The setback for an intensive agricultural livestock operation from
public roads shall be at least 300 feet.
F. All intensive agricultural livestock operations shall be set back
at least 2,640 feet from incorporated towns.
G. All intensive agricultural livestock operations shall be set back
at least 1,000 feet from platted residential subdivisions, manufactured
home parks, public schools, places of worship, public recreation areas
and public or private wells and public or private water intakes.
H. The operator may reduce the above setback of 1,000 feet to 800 feet
if he or she plants a ten-foot-wide vegetative screen that will grow
to at least six feet in height in two years, unless there is a natural
barrier that meets the height and width requirements.
Applications for an intensive agricultural livestock operation
permit shall contain the following items:
A. One copy of an application on forms provided by Northumberland County,
completed and signed by the operator or potential operator.
B. Three copies of a development plan prepared in accordance with the requirements of Article
XV, Nonconforming Uses, §
148-156C, of this chapter. In addition to the requirements, the development plan shall indicate the number, size and location of the livestock facilities proposed for the subject parcel.
C. Setbacks.
(1)
Three copies of a plat prepared and signed by a land surveyor
or civil engineer, licensed by the Commonwealth of Virginia, certifying
that the proposed facility meets all applicable setbacks required
by this chapter and showing the direction and distances to the following:
(a)
Nearest residential dwellings.
(b)
Adjacent zoning districts.
(c)
Designated residential zoning districts.
(h)
Public wells and water intakes.
(j)
Resource protection areas.
(2)
Any setbacks in excess of 400 feet may be scaled off of aerial
photography or other methods acceptable to the Zoning Administrator.
D. Four copies of a nutrient management plan which provides for the
safe use or disposal of all animal waste and manure produced by each
facility.
(1)
Disposal or use shall be accomplished by means of land application
at approved locations and agronomic rates, as established by the Northern
Neck Soil and Water Conservation District, its successor 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 the following into consideration:
(a)
Proximity to water bodies.
(b)
Public and private wells.
(d)
Soils, slopes and other geological features with a potential
susceptibility to ground or surface water pollution.
(f)
Chesapeake Bay Preservation Areas.
(g)
Other environmentally sensitive features.
(2)
The nutrient management plan shall also provide for a site,
with or without a permanent structure, for the storage of animal wastes
which shall:
(a)
Be located on the same parcel as the facility to which it is
an accessory use;
(b)
Meet the setback requirements of this article;
(c)
Be protected from the elements; and
(d)
Meet standards set by the Natural Resource Conservation Service
and approved by the Northern Neck Soil and Water Conservation District
or its successor.
(3)
Notwithstanding the requirement set forth in Subsection
D(2)(a) above, if an 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 Northern Neck Soil and Water Conservation District or other appropriate agency, may permit the storage site to be located on adjacent land owned by the operator; or, if a valid agreement of off-site disposal exists as provided in Subsection
D(4) below, the Zoning Administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal.
(4)
If off-site disposal is proposed, the operator shall provide,
as part of the nutrient management plan, written documentation of
an agreement with the receiver of the wastes produced at the grower's
facility. 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
shall notify the Zoning Administrator whenever such an agreement is
terminated before its stated expiration date within 15 days of such
termination.
(5)
Nutrient management plans shall be subject to review and approval
by the Northern Neck Soil and Water Conservation District or other
appropriate agency. Thereafter, nutrient management plans shall be
reviewed and updated every five years by an agent of the Northern
Neck Soil and Water Conservation District or other appropriate agency
and by the Zoning Administrator. Such revisions may be required more
frequently if deemed necessary or advisable by the Northern Neck Soil
and Water Conservation District or other appropriate agency.