A By-law to regulate the location, erection and use of livestock barns and manure storage facilities for intensive livestock operations
The Corporation of the County of Prince Edward

WHEREAS, pursuant to Section 210, para. 144, of the Municipal Act, R.S.O. 1990, c.M.45, as amended, by-laws may be enacted by municipal councils for regulating the location, erection and use of stables, barns and manure pits;

AND WHEREAS the Council of the Corporation of the County of Prince Edward deems it necessary in the public interest to enact such a by-law for the health, safety and welfare of the public;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF PRINCE EDWARD ENACTS AS FOLLOWS:

SECTION 1 - TITLE

This By-law may be cited as the "County Agricultural Nutrient Management By-law".

SECTION 2 - SCOPE

This By-law shall apply to all lands within the Municipality.

SECTION 3 - PURPOSE

To require every owner/operator whose livestock operation meets or will meet, as a result of a proposed alteration or construction, the definition in this By-law of an Intensive Livestock Farm to provide to the Municipality prior to the issuance of a building permit for any new or altered livestock barn or manure storage facility the following:

an approved Nutrient Management Plan; and,

calculations to demonstrate that a minimum total livestock manure storage capacity of 240 days will be provided by all existing and/or new manure facility(ies) for the owner/operators farm unit.

To require all owners/operators of Intensive Livestock Farms, when constructing or altering a manure storage facility, to design and construct the facility in accordance with minimum standards specified in this By-law.

SECTION 4 - DEFINITIONS

For the purposes of this By-Law:

Agricultural Advisory Committee shall mean the Agricultural Advisory Committee formed in accordance with and for the purposes set out in Section 7.0 of the Agricultural Nutrient Management Strategy and Manual.

Agricultural Nutrient Management Strategy and Manual, as amended from time to time, means the document that has been adopted by by-law or resolution by the Council of the Municipality.

Alter shall mean any change in a bearing wall or partition or column, beam girder or other supporting member of a building or structure or any increase in the area, volume or capacity of a building or structure and shall include relocating any livestock barn or manure storage facility . The words "altered" and "alteration" shall have a corresponding meaning.

Approved, or approval in reference to a Nutrient Management Plan or renewal thereof or amendment thereto, shall mean that a third party review has been obtained from the Ontario Ministry of Agriculture and Food and Rural Affairs or a Consultant in Agriculture.

Building includes any structure whether temporary or permanent, used or built for any purpose other than a lawful boundary wall or fence. Any enclosure, awning, bin, bunk, or other container, or platform, used upon any land or in conjunction with or connected to any structure for any purpose shall be deemed a building.

Chief Building Official shall mean the Chief Building Official of the Municipality.

Comprehensive Zoning By-law shall mean all zoning by-laws in effect from time to time within the Municipality.

Construct means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere and "construction" has a corresponding meaning.

Consultant in Agriculture means a practising agricultural professional who has been qualified or certified by the Ontario Ministry of Agriculture, Food and Rural Affairs for purposes of reviewing and approving Nutrient Management Plans.

Council shall mean the elected Council of the Municipality.

Existing means existing on the date of the passing of this By-law.

Farm Unit means the composite of all parcels of land, whether owned or rented, which are operated as one farm operation, including but not limited to the principal farm residence, any accessory residences, wood lots, barns and other structures necessary to support agricultural and ancillary uses or as per a duly completed and signed Farm Unit Declaration Form as contained within the Agricultural Nutrient Management Strategy and Manual.

Intensive Livestock Farm means, utilizing Table A attached to and forming part of this By-law entitled "Livestock Unit Equivalency Table", the number of livestock units on the farm unit is 50 or more and the ratio of livestock units to tillable acres on the farm unit is two or greater, or the number of livestock units on the farm unit is 200 or more.

Liquid Manure means livestock manure with an average dry matter content less than 20 percent by weight.

Livestock includes poultry, turkeys, cattle, hogs, horses, mink, emu, elk, deer, ox, buffalo, rabbits, sheep, goats and fur bearing animals.

Livestock Barn means a building used for the housing, feeding or keeping of livestock.

Livestock Manure is principally composed of livestock faeces and urine, and may include some bedding material and some dilution water.

Livestock Unit refers to the equivalent values for various types of livestock based on manure production and production cycles (see Table A of this By-law).

Manure Storage Facility includes steel, concrete or other containment systems, with or without a roof or covering enclosing the surface area of the container, used for the storage of livestock manure but for purposes of this By-law shall not mean or include earthen manure storage facilities.

Municipality means the Corporation of the County of Prince Edward.

Nutrient Management Plan means a plan that is developed using the science based process for optimizing the relationship between the land-based application of nutrients, farm management techniques, crop requirements, and land use and is consistent with:

the nutrient management review criteria of the Ontario Ministry of Agriculture Food and Rural Affairs;

the standards and practices of the Best Management Practices pertaining to nutrient management published from time to time by the Ontario Ministry of Agriculture, Food and Rural Affairs; and

the County Agricultural Nutrient Management Strategy and Manual.

Nutrients shall mean materials such as livestock manure, chemical fertilizers and/or biosolids which are added to land to enhance plant growth.

Operator is a person who owns the livestock, or is responsible for the care, control and management of the livestock on a farm unit.

Owner is a person who owns the land or buildings on which all or a portion of a farm unit is operated.

Person includes any individual, association, partnership, corporation, municipal corporation, agent or trustee and the heirs, executors or other legal representative of a person to whom the context can apply according to law.

Solid Livestock Manure means livestock manure with an average dry matter content ranging from 20 to 100 percent by weight.

Third Party Review means a review of a Nutrient Management Plan(s) by staff of the Ontario Ministry of Agriculture, Food and Rural Affairs or a Consultant in Agriculture and includes written confirmation that the Nutrient Management Plan is consistent with the nutrient management review criteria standards and practices of the Nutrient Management Plan Best Management Practices published from time to time by the Ontario Ministry of Agriculture, Food and Rural Affairs.

SECTION 5 - APPLICATION, ADMINISTRATION AND ENFORCEMENT

Application

Notwithstanding anything in this By-law, no existing Intensive Livestock Farm within the Municipality shall be required to prepare a Nutrient Management Plan unless and until an application for a building permit is made in the circumstances described in Section 5.4 of this By-law.

Administration and Enforcement

This By-Law shall be administered and enforced by the Chief Building Official, any inspector duly authorized pursuant to the Ontario Building Code Act or any duly appointed By-law Enforcement Officer of the Municipality.

Inspection

The Chief Building Official, or any inspector duly authorized pursuant to the Ontario Building Code Act, R.S.O. 1990, c.B.13, as amended, is hereby authorized to enter without a warrant at any reasonable time or times upon any property or premises for the purpose of discharging his or her duties and obligations under this By-law, or if there is reason to believe that the provisions of this By-law are not being complied with in whole or in part.

Application and Issuance of a Building Permit

Every application for a building permit to alter an existing or construct a new livestock barn and/or manure storage facility shall be accompanied by such information about the livestock operation to which such permit relates which the Chief Building Official may reasonably require to determine whether the livestock operation meets or will meet, once the existing or new livestock barn and/or manure storage facility has been altered or constructed, the definition in this Bylaw of an Intensive Livestock Farm.

The information required in Section 5.4.1 shall include but not be limited to:

a livestock unit calculation (using Table A to this By-law); and

a detailed description of all lands, either owned or leased, that make up the farm unit as outlined in Appendix B of the Agricultural Nutrient Management Strategy and Manual; and

signed agreements as outlined in Appendix C of the Agricultural Nutrient Management Strategy and Manual with persons whose lands will be used for the application of livestock manure and which are not owned by the owner/operator; and

signed agreements as outlined in Appendices D-1 and D-2 of the Agricultural Nutrient Management Strategy and Manual with persons who will be acquiring a quality of solid/liquid livestock manure, which shall be defined in the agreements.

Every owner/operator whose livestock operation meets or will meet, as a result of the proposed alteration or construction, the definition of an Intensive Livestock Farm shall, prior to the issuance of a building permit for constructing a new or altering an existing livestock barn and/or manure storage facility , provide evidence to the Chief Building Official that:

the owner/operator has obtained a current approval of a Nutrient Management Plan in accordance with Section 6 of this By-law; and

with respect to a proposed construction or alteration of a manure storage facility, the proposed work will satisfy the minimum requirements set out in Section 7 of this By-law.

The requirements of Section 5.4.3 shall not apply to an application for a building permit that is requested to make improvements or alterations to an existing livestock barn and/or manure storage facility or to repair damage to an existing livestock barn and/or existing manure storage facility due to deterioration over time or force majeure where the owner/operator provides sufficient evidence to the Chief Building Official and a written undertaking that the livestock unit housing capacity will not be increased and the type of livestock will not be changed as a result of such alterations, improvements or repairs.

SECTION 6 - NUTRIENT MANAGEMENT PLAN

Preparation, Approval and Implementation of a Nutrient Management Plan

Where required by Section 5.4.3 of this By-law, a Nutrient Management Plan shall be completed in accordance with the Agricultural Nutrient Management Strategy and Manual and approved prior to the issuance of a building permit.

Every owner/operator shall remain at all times in substantial compliance with the owner/operators's approved Nutrient Management Plan as amended and/or renewed from time to time.

Every owner/operator shall maintain a sufficient, tillable land base for the application of nutrients as prescribed by the approved Nutrient Management Plan.

Every owner/operator having an approved Nutrient Management Plan shall forthwith notify the Municipality of any material change in circumstances or practice that would make it impossible or impractical for the owner/operator to comply with the approved Nutrient Management Plan. In such circumstances, the owner/operator shall forthwith prepare and submit to the Municipality a revised Nutrient Management Plan which incorporates such changes in circumstances and/or practices and which has been approved.

Nutrient Management Plan Renewal

Every owner/operator who has an approved Nutrient Management Plan shall obtain approval of a renewed Nutrient Management Plan every five years.

Approve renewed Nutrient Management Plans shall be submitted to the Municipality not later than the 1 st day of March in the fifth calendar year following the date of approval of the Nutrient Management Plan and thereafter from the date of each renewal.

The renewal of a Nutrient Management Plan shall require the written approval by the Ontario Ministry of Agriculture, Food and Rural Affairs or a Consultant in Agriculture confirming that the existing approved Nutrient Management Plan is still appropriate. Otherwise, the Nutrient Management Plan must be revised to reflect the changed circumstances, approved and submitted to the Municipality by the aforesaid date.

SECTION 7 - PROVISIONS FOR MANURE STORAGE FACILITIES

Construction Standard and Sizing

No building permit to construct or alter a manure storage facility on an Intensive Livestock Farm shall be issued by the Municipality, except in accordance with the following provisions:

Every manure storage facility to be constructed or altered shall be designed and constructed in accordance with the provisions of the Ontario Building Code, as amended from time to time, with specific reference to CAN/CSA A23.3 - M84 "Design of Concrete Structures for Buildings", and the National Farm Building Code, both as amended from time to time; and

Every manure storage facility shall be required to have a method for the adequate elimination and/or management of liquids as approved by the Ontario Ministry of Agriculture, Food and Rural Affairs or a Consultant in Agriculture; and

The minimum total storage capacity of all existing and/or new manure storage facilities shall be 240 days for the owner's/operator's farm unit. Every new manure storage facility to be constructed or existing manure storage facility being altered shall provide sufficient livestock manure storage in accordance with an approved Nutrient Management Plan. For the purpose of this By-law, "sufficient livestock manure storage" shall mean a minimum of 240 days storage.

SECTION 8 - VIOLATION AND PENALTIES

Every person who uses, constructs or alters any livestock barn and/or manure storage facility in a manner contrary to any provisions or requirements of this Bylaw or who causes or permits such use, construction, or alteration or who contravenes any provision of this By-law or causes or permits a contravention, is guilty of an offence and upon conviction shall be liable to the fines and penalties imposed pursuant to The Provincial Offences Act, R.S.O. 1990, c.P .33 as amended and each day of the occurrence of the offence may be deemed to be a separate occurrence for each such offence, and every such penalty shall be recoverable under The Provincial Offenses Act, R.S.O. 1990, c.P .33, as amended.

SECTION 9 - AMENDMENTS TO BY-LAW

No amendment(s) to this By-law shall be made until the Agricultural Advisory Committee has been consulted by Council regarding the substance and effect of the proposed amendment(s). If the Agricultural Advisory Committee requests, County Council shall give a minimum of 30 days notice in a newspaper having general circulation in the Municipality of a public meeting to consider the proposed amendment(s) to this By-law. The proposed amendment and a summary of its purpose and effect shall be available to the general public upon the giving of such Notice.

SECTION 10 - GENERAL

If any section, clause or provision of this By-law, including anything contained within Table A attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-Law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this By-Law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid.

In the event of a conflict between the provisions of this By-law and any other bylaw, statute or regulation, the most restrictive provision or requirement shall prevail.

Table A attached to this By-Law forms part of this By-Law.

The headings used in this By-law are included solely for the convenience of reference and are not to be considered part of this By-law and are not intended to be full or accurate descriptions of the contents of any section, clause or provision of this By-law.

This By-law and every section, clause and provision hereof shall be read with all changes of gender or number as required in the circumstances.

This By-law shall be read and construed in accordance with the laws of the Province of Ontario.

READ a first, second and third time and finally passed this
___________ day of __________, 2000.

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CLERK
GLEN R. KNOX

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MAYOR
JAMES TAYLOR, Q.C.