HomeMy WebLinkAbout99 073 Amended by No 99 102
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THE CORPORATION OF lHE TOWNSHIP OF KINCARDlNE-BRUCE- TIVERTON
BY-LAW
AMENDEDIREPfALED BY
BYlAW NO. J 997- //.;1,
DATED S'~p/-f f-tht!T' .,2,;1, I ;i7}
AMENDED/~BY
BYlAW NO. \ q9 '1-1 tl~
DATEC..AII&,.<:A- ;:;}~h \ q<1~
Ar"''''cl.,r 11" 3 .J
BY-LAW NO. 1999 -73
A BY-LAW TO REGULATE LIVESTOCK FACILITIES AND MANURE MANAGEMENT
IN THE TOWNSHIP OF KINCARDINE-BRUCE- TIVERTON
WHEREAS the Council of the Corporation of the Township of Kincardine-Bruce-Tiverton
deems it necessary in the public interest to regulate manure pits and livestock facilities;
AND WHEREAS, pursuant to Section 210, Par. 144, of The Municipal Act, R.S.O., 1990, as
amended from time to time, by-laws may be enacted by local municipal Councils to regulate the
location, erection and use of manure pits in a local municipality;
NOW THEREFORE, The Council of the Corporation of The Township of Kincardine-Bruce-
Tiverton ENACTS as follows:
SECTION 1.0 - SCOPE
This by-law shall apply to livestock operations deemed to be intensive, as defined in Sections 2.2
& 5.4 of this by-law, within the limits of the Corporation of the Township of Kincardine-Bruce-
Tiverton.
SECTION 2.0 - DEFINITIONS
For the purpose of this by-law the defmitions and interpretation given in this section shall
govern:
2.1 Ae:ricultural use. General means general farming and without limiting the generality of
the foregoing shall include such uses as the general cultivation of land and the associated
production, conditioning, processing and storing of field crops, vegetables, fruit,
horticultural crops and nursery stock and the selling of such produced on the premises,
the breeding and care of livestock, poultry, fur-bearing animals and bees, and the selling
of such stock or the product of such stock raised on the premises, and the management of
forest, and the sale of forest products, including fuel wood, pulp wood, timber, Christmas
trees, and maple products, and includes a farm dwelling and accessory buildings and uses.
2.2
Ae:ricultural Use. Intensive means the raising oflivestock and includes a farm dwelling,
land base and accessory buildings and uses. An intensive livestock operation, for the
purpose of this section is defmed as exceeding 1.5 livestock units per acre and/or 100
animal units.
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BY-LAW NO. 1999 - 73
A BY-LAW TO REGULATE LIVESTOCK FACILITIES AND MANURE MANAGEMENT
IN THE TOWNSHIP OF KINCARDINE-BRUCE-TIVERTON
WHEREAS
the Council of the Corporation of the Township of Kincardine-Bruce-Tiverton
deems it necessary in the public interest to regulate manure pits and livestock facilities;
AND WHEREAS
, pursuant to Section 210, Par. 144, of The Municipal Act, R.S.O., 1990, as
amended from time to time, by-laws may be enacted by local municipal Councils to regulate the
location, erection and use of manure pits in a local municipality;
NOW THEREFORE
, The Council of the Corporation of The Township of Kincardine-Bruce-
Tiverton ENACTS as follows:
SECTION 1.0 – SCOPE
This by-law shall apply to livestock operations deemed to be intensive, as defined in Sections 2.2
& 5.4 of this by-law, within the limits of the Corporation of the Township of Kincardine-Bruce-
Tiverton.
SECTION 2.0 - DEFINITIONS
For the purpose of this by-law the definitions and interpretation given in this section shall govern:
Agricultural use, General
2.1 means general farming and without limiting the generality of
the foregoing shall include such uses as the general cultivation of land and the associated
production, conditioning, processing and storing of field crops, vegetables, fruit,
horticultural crops and nursery stock and the selling of such produced on the premises, the
breeding and care of livestock, poultry, fur-bearing animals and bees, and the selling of
such stock or the product of such stock raised on the premises, and the management of
forest, and the sale of forest products, including fuel wood, pulp wood, timber, Christmas
trees, and maple products, and includes a farm dwelling and accessory buildings and uses.
Agricultural Use, Intensive
2.2 means the raising of livestock and includes a farm dwelling,
land base and accessory buildings and uses. An intensive livestock operation, for the
purpose of this section is defined as exceeding 1.5 livestock units per acre and/or 100
animal units.
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Alter
2.3 shall mean any alteration in a bearing wall or partition or column, beam, girder or
other supporting area or volume of a building or structure. When used in reference to a
lot, the word "alter" means to decrease the width, depth, or area of any required yards,
setback, landscaped open space or parking area, or to change the location of any boundary
of such lot with respect to a street or land, whether such alteration is made by conveyance
or alienation of any portion of the said lot, or otherwise. The words "altered" and
"alteration" shall have a corresponding meaning.
Aquifer
2.4 means a geological formation containing a subterranean reservoir of groundwater
capable of providing economic quantities of water to a well.
Building
2.5 means a structure having a roof, supported by columns or walls and used for the
shelter or accommodation of persons, animals, goods or chattels.
2.5.1. Temporary Building shall mean a building or structure intended for removal or
demolition within a prescribed time not exceeding two years as set out in a
building permit.
Building By-law
2.6. means any building by-law within the meaning of the Ontario Building
Code Act, 1997, and amended from time to time.
Building Inspector
2.7 means the Chief Building Official or other employees of the Township
for the time being charged with the duty of enforcing the provisions of the Building By-
Law and the Ontario Building Code, which shall mean any by-law of the Township from
time to time in force regulating the erection or alteration of buildings and structures,
including the enforcement of the Livestock Facility and Manure Management By-Law.
Code, National Farm Building (1995)
2.8 is a set of regulations for the design, construction,
remodeling and evaluation of a wide variety of farm buildings other than living quarters.
Contains recommendations designed to obtain safe and efficient performance and
economy within such buildings.
Code, Ontario Building
2.9 is a set of regulations prepared by the Ministry of Housing
consisting of building requirements to minimize the risk of injury and property damage
from structural failure and fire and health hazards.
Corporation
2.10 means the Corporation of the Township of Kincardine-Bruce-Tiverton.
Council
2.11 means the Council of the Corporation of the Township of Kincardine-Bruce-
Tiverton.
Dike
2.12 is an earthen embankment or dam surrounding the manure pit and normally
composed of material excavated during the construction of the manure pit.
Drain Buried
2.13 means any sub-surface conduit for receiving and or conveying water.
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Drain Open
2.14 means a conveyance for water which is bounded by visible bed and banks. It
may be man made or natural.
Dwelling
2.15 means a building, or part thereof, occupied or capable of being occupied as a
home, residence or sleeping place by one or more persons.
Dwelling, Farm
2.16 means a dwelling unit that is naturally and normally incidental and
subordinate and exclusively used in conjunction with a farm and is situated on the same lot
therewith.
Erect
2.17 when used in this By-Law includes building, construction, reconstruction and
relocation; and, without limiting the generality of the work, also includes;
a) any preliminary physical operation, such as excavating, filling or draining at a
proposed building site; altering any existing building or structure by an addition,
enlargement or extension;
c) any work for the doing of which a building permit is required under the Ontario
Building code.
"Erected" -and "Erection" shall have a corresponding meaning.
Existing
2.18 unless otherwise indicated, means existing on the date of passing of this by-law.
Flood Plain
2.19 is the area of a river valley f looded as the result or a regional storm
determined by consultation with S.V.C.A.
Frontage
2.20 means the width of a lot measured along the street line.
Grade, Finished
2.21 means the average elevation of the finished surface of the ground at
ground level of a building or structure.
Grassed Spillway
2.22 shall mean a shallow, seeded channel-way to divert flow away from
any watercourse.
Livestock
2.23 means fur bearing animals or any other domestic animal used for consumption.
Also, any animal listed in section 2.24 of this by-law.
2.23.1 Livestock Facility means livestock barns where animals or poultry are
housed, including beef feedlots, and the associated manure storage.
Livestock Unit
2.24 means equivalent values for various types of animals and poultry based on
manure production and production cycles as amended from time to time.
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Animals per Factor "A"
Livestock (Odour
Unit Potency)
BEEF 1 Beef Cow 1 (bam confinement) 0.7
1 Beef Cow (bam with yard) 0.8
2 Beef Feeders (bam confinement) 0.7
2 Beef Feeders (bam with yard) 0.8
CHICKEN 125 Caged Layers (manure stored in bam) 1.0
125 Caged Layers (daily manure removal) 0.8
125 Chicken Breeder Layers 0.8
200 Chicken Broiler/Roasters 0.65
500 Pullets (replacement layers) 0.7
DAIRY 1 1 Milking Cow 1,2 (tie-stall) 0.65
1 Milking Cow (free-stall) 0.7
2 Dairy Heifers (bam confinement) 0.7
2 Dairy Heifers (bam with yard) 0.8
DUCK 100 Ducks 0.7
EMU 5 Emu 0.7
FOX 40 Adult Fox 4 1.0
GOAT 4 Adult Goats 3 0.7
10 Feeder Goats (>20 kg) 0.7
HORSE 1 Horse 3 0.65
MINK 80 Mink 4 1.0
OSTRICH 3 Ostrich 0.7
RABBIT 40 Adult Rabbits 4 0.8
SHEEP 4 Adult Sheep 3 0.7
10 Feeder lambs (>20 kg) 0.7
SWINE 5 Sows/Boars 1.0
4 Feeder Hogs (30-120 kg) 1.0
20 Weaners (4-30 kg) 1.0
TURKEY 50 Meat Turkeys (>IO kg) 0.7
75 Meat Turkey (5- 1 0 kg) 0.7
75 Turkey Breeder Layers 0.8
100 Meat Turkeys (<5 kg) 0.7
500 Pullets (replacement 0.7
breeders)
VEAL 6 White Veal 1.0
3 Red Veal (<300 kg) 0.8
Notes: For all other animals/poultry use I livestock unit per 450 kg housed at one time (A=0.8)
1 - Includes calf to 150 kg
2 - A dairy/cow-calf farm usually has milking cows, heifers and
calves. Multiply the number of milking/nursing cows by 1.5 to
account for the followers when they are all kept on the same farm.
3 - Includes offspring until weaned
4 - Includes offspring to market size
5 - Multiply number of sows by 2.4 to determine the number of weaners
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Lot
2.25 shall mean a parcel of land, described in a registered deed or shown on a registered
plan of subdivision including any of its parts which are subject to right-of-way or easement
that is capable of being legally conveyed.
Lot Line
2.26. means any boundary of a lot or the vertical projection thereof.
Manure
2.27 , Livestock principally composed of livestock feces and urine, may include some
bedding material and some diluted water.
Manure, Liquid Livestock
2.28 , livestock manure which has a dry matter content,
not exceeding 12% by weight.
Manure Pit
2.29 , for the purpose of this by-law, a manure pit shall mean an earthen, steel or
concrete storage facility used for the storage of liquid manure.
Manure Pit, Covered
2.30 is a manure pit with a roof or covering enclosing the surface area
of the pit.
Manure Pit, Open
2.31 is a manure pit open to the atmosphere with no roof or covering.
Municipal Drain
2.32 shall mean a drainage works as defined by The Drainage Act, R.S.O.
1990 as amended from time to time.
Municipality
2.33. shall mean The Corporation of the Township of Kincardine-Bruce-Tiverton.
Non-Complying
2.34 means a livestock facility and/or manure pit permitted by this by-law
which does not meet the provisions required in this By-law.
Non-Conforming
2.35 means a lawfully existing livestock facility and/or manure pit not
permitted by the By-law.
Nutrient Management Plan,
2.36 means a report that evaluates the relationship between the
application of nutrients (manure), managing techniques, and land use (see Appendix “A”).
2.36.1 Nutrient - manure, commercial fertilizer, biosolids, leguminous and plow down
crops.
Permitted
2.37 shall mean permitted by this By-law.
Person
2.38 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.
Renovation
2.39 means the repair and restoration of a livestock facility and/or manure pit to
good condition within existing external walls and dikes but shall not include its
replacement.
Road Allowance
2.40 shall mean a municipally owned property used as a roadway or retained
as a road right-of-way.
Site Plan
2.41 shall mean a scaled drawing showing the relationship between a livestock facility
and/or manure pit and neighbouring land uses including areas designated or zoned in a
non-agricultural category; non-conforming uses; neighbour's residences; middle-of-the-
road allowances and lot lines.
Tillage Acres
2.42 means total area of land including pasture that can be cultivated.
Use
2.43 shall mean the purpose for which any land, building, structure, or premises, or part
thereof, is arranged, designed or intended to be used, or is or may be occupied or
maintained and the words "used", "to use", and "uses" have a corresponding meaning.
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Unless the context otherwise requires, the expression "use" or "to use" in this by-law shall
include anything done or permitted by the tenant or occupant of any land, building or
structure, directly or indirectly or by or through any trustee, tenant, servant, or agent,
acting with knowledge or consent of such owner or occupant, for the purpose of making
use of said land, building or structure.
Watercourse
2.44 mean a natural or man-made channel which carries water and includes
streams, rivers, open drains and lakes, and includes watercourses with intermittent flow.
Well
2.45 shall mean a dug or drilled hole made in the ground to locate or obtain ground water
or to test or to obtain information in respect of groundwater or an aquifer, and includes a
spring around or in which works are made or equipment is installed for collection or
transmission of water and that is or is likely to be used as a source of water for human
consumption.
Agricultural Consultant
2.46 means a person with accreditation in the assessment of soils,
manure and nutrient management.
Guide to Agricultural Land Use
2.47 means a set of guidelines used to assist farmers in
reducing the potential of their livestock operation to pollute air, soil and water, and to
provide guidelines for the rational use of land in relation to the livestock industry.
Peer Review Committee
2.48 shall be a pool of 6 or more interested citizens from different
commodity groups. Three chosen members would constitute an investigational unit.
SECTION 3.0 - APPLICATION, ADMINISTRATION AND ENFORCEMENT:
Application
3.1
No person shall use any land, or erect, alter or use any livestock facility and/or manure pit
or part thereof within the limits of the Corporation of the Township of Kincardine-Bruce-
Tiverton except in conformity with the provisions of this by-law and with the Township
Zoning By-Law.
Administration
3.2
This by-law shall be administered and enforced by such person or persons as shall be
appointed from time to time by by-law of the Corporation of the Township of Kincardine-
Bruce-Tiverton.
Inspection
3.3
Any employee of the Township acting under the direction of the Council of the
corporation, or any peace officer having jurisdiction in the Township, is hereby authorized
to enter with prior notification between the hours of 8 o'clock a.m. and
6 o'clock p.m. an any date but Sunday upon any property or promises or structure for the
purpose of discharging his duties and obligations under this By-law or if there is reason to
believe that the provisions of the By-law are not being complied with in whole
of in part. The employee must adhere to the bio-security standards of the inspected farm
operation.
Application for Permit
3.4
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No person shall erect, alter or use. any livestock facility and/or manure pit or part thereof
within the limits of the Township of Kincardine-Bruce-Tiverton, unless a permit has been
issued, therefore, by the Building Official.
In addition to all the requirements of the Building By-law, the Ontario Building Code Act,
1992 as amended, and regulations thereto, or any other by-law, every applicant for a
permit for a livestock facility and/or manure pit shall file with this application a plan, in
duplicate, drawn to scale, including the following:
3.4.1 Dimensions of the lot to be built upon or otherwise used;
3.4.2 The proposed type, location, and dimensions of the manure storage facility
proposed for such lot and its distance relative to!
3.4.2.1. the lot lines;
3.4.2.2. the adjacent public road;
3.4.2.3 the nearest drilled, dug or communal well;
3.4.2.4. the nearest watercourse, pond,. drainage ditch, lake, river, stream
or water body, including intermittent flows;
3.4.2.5 the location of the nearest, field drainage tile; if a drainage tile is
located underneath or immediately adjacent to the location of a
liquid manure tank, then the drainage tile must be rerouted or
capped.
3.4.2.6 the location of any area designated or zoned residential,
recreational or institutional and has a location which falls within the
Provincial and Municipal minimum Distance Separation II (MDS
11) formula.
3.4.3 The location and dimensions of any existing and proposed buildings or structures
on such lot used for the purpose of breeding or caring for livestock, poultry or
fur-bearing animals, or the storage of manure;
3.4.4 The location of all existing and proposed buildings or structures that have
locations that fall within the Provincial and Municipal Minimum Distance
Separation 11 (MDS II) formula of the proposed building, structure or use and the
separation distances to, and existing use of those buildings and structures;
3.4.5 Type of livestock, poultry, or fur-bearing animals existing and proposed on such
lot;
3.4.6 Numbers of livestock, poultry, or fur-bearing animals existing and proposed on
such lot;
3.4.7 Type, dimensions, contouring for accidental overspill of liquid manure, and in the
case of earthen storage cross-section of any excavation required, including the
dike.
3.4.8 Tillable Acres of land made available, owned or by legal agreement, for manure
disposal, along with 2 copies of such agreement; and the said agreement must
make reference to a sound nutrient management plan.
3.4.9 A soils and hydrological report prepared by a competent person with expertise in
this field of study shall be required in the case of liquid earthen storage’s, including
certification that the standards set out in Section 7 of this By-law are satisfied.
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Issuance of Permit
3.5
No permit shall be issued for a livestock facility and/or manure pit which does not
conform with the provisions of this by-law.
Expiration of Permit
3.6
A permit issued under this by-law may lapse after 12 months from the date of issuance
unless the approved work is being seriously proceeded with.
Fees
3.7
Fees shall be in accordance with the applicable Fee By-law.
Violation and Penalties:
3.8
Every person who uses, erects or alters any livestock facility and/or manure pit facility in a
manner contrary to any requirement of this by-law or' who causes or permits such use,
erection, or alteration or who violates any provision of this by-law or causes or permits a
violation, shall be guilty of an offence and upon conviction thereof shall forfeit and pay a
penalty not exceeding two thousand dollars ($2000.00) (exclusive of, Costs) for each
offence, and each day of the occurrence of the offence shall be deemed to be a separate
occurrence, or to imprisonment for a term not more than (6) six months for each such
offence, and every such penalty shall be recoverable under The Municipal Act, RSO 1990,
and The Provincial Offences Act, RSO, 1990.
Complaints
3.9
All complaints must be in writing, signed by the complainant and accompanied by a
cheque in the amount of $50.00. Such cheque is returnable if the complaint is deemed by
the Peer Review Committee to have substance. All complaints should be addressed to the
municipal clerk who will contact the Peer Review Committee.
Violations
3.10
If any section, clause or provision of this by-law, including anything contained in the
schedules attached hereto, is for any reason declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the 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.
Remedies
3.11
In case any building or structure is to be erected, altered, reconstructed, extended or part
thereof is to be used, or any lot is to be used, in contravention of any requirement of this
by-law, such contravention may be restrained by action at the instance of any ratepayer or
of the Corporation pursuant to the provisions of The Municipal Act, RSO 1990, as
amended in that behalf.
Repeals
3.12
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From the coming into force of this by-law, any previous by-law(s) passed under Section
210, Par. 144 of The Municipal Act, RSO 1990, as amended, shall be deemed to be
repealed.
SECTION 4.0 – INTERPRETATIONS:
4.1 For the purposes, of this by-law, the definitions and interpretations given herein shall
govern.
4.1.1. For the purposes of this by-law, words used in the present tense include the future;
words in singular number include the plural and words in the plural include the
singular number; the word 'shall" is mandatory; the word "used" shall include the
words "intended to be used" and "designed to be used or occupied".
SECTION 5.0 – GENERAL PROVISIONS:
Application of Other By-laws, Regulations, Legislation
5.1
Nothing in this by-law shall operate to relieve any person from the obligation to comply
with the requirements of the Ontario Building Code Act, RSO* 1997, the Municipal
Zoning by-laws or any other by-law of the municipality in force from time to time or the
obligation to obtain any other licence, permit, authority or approval lawfully required by a
governmental authority having jurisdiction to make such restrictions.
Non-complying livestock manure pits and/or livestock facility:
5.2
Where a livestock facility and/or manure pit was lawfully established prior to the date of
the passing of this by-law, and is of-a type permitted by this by-law, but does not meet the
provisions prescribed by this by-law, the said facility may by enlarged, extended,
reconstructed, repaired or renovated provided that:
5.2.1 The enlargement, extension reconstruction, expansion, repair or renovation does
not further reduce the compliance of that facility with the provisions of the by-law
to which it does not comply; and
5.2.2. All other applicable provisions of this by-law and the Township Zoning By-law are
complied with.
Non-conforming Livestock Manure Pits and/or Livestock Facility
5.3 :
Where a liquid livestock manure pit was lawfully erected prior to the day of the passing of
this By-law and is of a type not permitted by this By-law, the said facility may be
reconstructed, repaired or renovated provided that:
5.3.1 The reconstruction, repair or renovation does not involve any alteration of use and
the building or structure continues to be used for the same purpose; and
5.3.2 All other applicable provisions of this by-law and the Zoning By-law are to be
complied with.
5.3.3 The restoration of any building or structure which is damaged by fire or an act of
nature, which does not conform with the provisions of this By-law, provided that:
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i) such restoration does not increase the height, size and/or volume or change
the use of such building or structure; and
ii) such restoration complies, as close as possible, with all applicable setbacks
and yard provisions of the applicable zone without reducing the original
height, size or volume.
5.3.4 Where a livestock manure pit has been destroyed to the extent of more than 50
percent (50%) of its value as at the date of damage and which does not conform
with the requirements of the by-law, it shall not be restored except in conformity
with the requirement of this by-law and the applicable zoning by-law.
Nutrient Management Plan
5.4 :
A Nutrient Management Plan shall be completed prior to the issuance of a building
permit.
5.4.1 For a new livestock liquid or dry manure system and/or livestock facility to serve
an intensive livestock operation, or
5.4.2. For an expanded livestock liquid or dry manure system and/or housing capacity of
a livestock facility for an intensive livestock operation. (This includes operations
which are expanded to exceed 100 livestock units.)
5.4.3 Such nutrient management plan shall be prepared and submitted for peer review
approval, consistent with the Terms of Reference attached as Appendix A.
5.4.4 An intensive livestock operation, for the purpose of this section is defined as
exceeding 1.5 livestock units per acre and/or a 100 animal units.
Separation Distances:
5.5
Separation distances for the establishment of liquid manure storage facilities shall be in
accordance with the Provincial and Municipal Minimum Distance Separation II (MDS II)
formula.
Maintenance:
5.6
All components of a manure system shall be maintained to a safe standard including all
fences. In addition, all abandoned manure tanks shall be drained of liquid and left in a
condition where they will continue to stay drained.
Land Base:
5.7
A tillable land base for spreading manure shall be maintained as determined by the
Nutrient Management Plan, subject to the following:
5.7.1 In no case will the tillable land base be smaller than an area equivalent to 1.5
livestock units per acre.
5.7.2 Twenty-five percent of the property shall be owned with a minimum of one-
hundred acres for intensive farming. The total required land base may include non-
owned lands made available for the spreading of manure. All owned and non-
owned lands to be made available for the spreading of manure shall be declared in
the Nutrient Management Plan, and identified by legal description.
5.7.3 All lands leased for the spreading of manure are to have a minimum term of three
years.
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5.7.4 Where a Nutrient Management Plan is not required the land base shall be in
accordance with Sections 5.7.1, 5.7.2. and 5.7.3.
Spreading
5.8
All lands to be used for spreading of manure are to be within ten kms of the site where the
manure originated.
SECTION 6.0 – PROVISIONS FOR COVERED CONCRETE MANURE PITS:
No covered concrete liquid livestock manure pits shall hereafter be constructed or altered except
in accordance with, the following provisions:
Construction Standard:
6.1
6.1.1 All liquid manure storage tanks shall be covered with an approved material and
approved by the Chief Building Official.
Minimum Separation Distances:
6.2
Covered concrete liquid livestock manure pits shall be located in accordance with the
Provincial and Municipal Minimum Distance Separation II (MDS II) formula.
Prohibited Areas
6.3 :
Covered concrete liquid livestock manure pits shall be prohibited in any flood plain.
Storage Capacity
6.4 :
A minimum storage capacity shall be for 240 days.
SECTION 7.0 – PROVISIONS FOR EARTHEN MANURE STORAGE:
No earthen liquid livestock manure storage facility shall hereafter be constructed or altered except
in accordance with the following provisions and an engineers report must be submitted before a
building permit is issued:
Soil And Water Table:
7.1
7.1.1 The underlying and adjacent soil types, including the dike material, shall be capable
of providing a hydraulic conductivity not greater than 1 x l0(-7) centimeters per
second;
7.1.2 Where soil hydraulic conductivity is greater than allowed under subsection the
installation of a low permeability liner may be permitted if it provides a hydraulic
conductivity not greater than 1 XL(-7) centimeters per second and is capable of
withstanding the necessary stresses of handling, chemical action and physical
loading.
7.1.3 The soils between storage bottom and bedrock or other aquifer shall include a
minimum thickness of 3 metres of silt or fine sand OR 1 metre of clay;
7.1.4 The normal water table shall be a minimum of 2 metres below storage bottom in
sandy soils, 1 metre in silty soils and no restriction in clay.
Minimum Separation Distances
7.2
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Earthen liquid livestock manure pits shall be located in accordance with the Provincial and
Municipal Minimum Distance Separation II (MDS II) formula.
Prohibited Areas
7.3
Earthen liquid livestock manure storage facilities shall be prohibited in:
7.3.1 Any flood plain;
7.3.2 In areas of gravel or shallow fractured bedrock as stipulated in Section 7.1.3.
Maximum Side Slopes Including Dike
7.4
7.4.1 Sandy loams 3:1
7.4.2 Stable clays, Clay loams & Silt loams 2:1
Minimum Dike Top Width
7.5
7.5.1 for stable soils - 5 m
7.5.2 for unstable soils - 10 m
Surface Water Diversion
7.6
7.6.1 To exclude surface water away from storage, diversion ditches and/or dikes will be
required.
7.6.2 Earthen storage built to standard may be required to control surface water run-off.
Storage Capacity
7.7
7.7.1 Minimum storage capacity shall be for 240 days based on:
7.7.1.1 The manure production quantities shown in Table 1, plus an
increase in volume equal to .6 m over the surface area of the
storage inside the top of the dike to account for precipitation and
evaporation.
7.7.1.2 Under no circumstances shall the level of the liquid manure come
within .5 m of the lowest point of the top of the dike.
7.7.1.3 The land base requirements: for spreading
manure is as established by a nutrient management plan.
Having a continuous woven wire fence topped with a single strand of barbed wire,
with a self supporting gate, constructed of similar materials designed to prevent the
access of people and animals. The fence shall be erected on top of the dike and
extend to a height of 1.2 metres above the top of the dike.
SECTION 8.0 - BY-LAW REVIEW:
This- by-law will be reviewed every three years or sooner as required.
SECTION 9.0
This By-law shall come into full force and effect on its final passing.
By-Law No. 1999 – 73
Regulate Livestrock Facilities and Pits
Page 13 of 16
This By-law may be cited as the Nutrient Management, By-law”.
th
READFIRSTSECOND
a and time this 16 day of June, 1999.
th
READTHIRDFINALLY PASSED
a time and this 7 day of July 1999.
Mayor Clerk
By-Law No. 1999 – 73
Regulate Livestrock Facilities and Pits
Page 14 of 16
APPENDIX A
Page 1 of 3
Forming part of By-Law 1999- covering Application, Administration, Enforcement and
Frequency of Renewal.
1. Application
A Nutrient Management Plan shall be completed by any person applying for a
Building Permit to Construct or Enlarge any livestock manure storage facility.
2. To apply Dry/Liquid manure:
(a) Under 50 Animal Units, a Nutrient Management Plan is voluntary.
(b) 50 to 150 Animal Units a Self-Directed Nutrient Management Plan is
recommended.
(c) 150 + Animal Units, a Third party Verified Nutrient Management Plan is
required.
(d) Animal density of one and a half (1.5) Animal Unit per Acre requires a Third
Party Verified Nutrient Plan.
3. A Self-Directed Nutrient Management Plan shall include the
following:
i) Provide Tap Water Sample prior to construction
ii) Identify previous years' Nutrients
iii) Record of how and when applied
iv) Identify Environmental risks, i.e., open creek/ditch; Municipal Drain/Drains
v) Identify non-owned land available for spreading, if applicable
vi) Statement of Certification: I, certify that I have spread the forementioned
Nutrients on the specified fields.
Signed
EXAMPLE OF SELF-DIRECTED
NUTRIENT MANAGEMENT PLAN
Diagram A - a drawing of your farm or area on which to apply nutrient and the crop to
be grown.
40 Beef Feeders = 70 Animal Units
120 Sheet
15 ac mixed grain 15 ac hay
6T/ac 6T/ac
Dry Manure Dry Manure
30 ac hay 30 ac corn
150 lb/ac 0-14-42 250 lb/ac 19-19-19
100 lb/ac 46-0-0
Barn
House
By-Law No. 1999 – 73
Regulate Livestrock Facilities and Pits
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APPENDIX A
Continued
Page 2 of 3
4. A Third party Verified Nutrient Management Plan shall include the following
components:
i) Soil testing for available nutrients using provincially accredited laboratories
ii) Manure testing for available nutrients, using provincially accredited laboratories
iii) Identification of residual nitrogen sources, based on previous agronomic
practices
iv) Relation of added nutrients to soil test results and nutrient requirements of
crops being produced
v) Assessment of application methods and timing to optimally apply nutrients
vi) Calibrating manure and fertilizer spreaders to ensure application rate and
placement is accurate
vii) Identification of environmental risks associated with managing agricultural
nutrients
viii) Proper containment of agricultural nutrients while being stored,
ix) Contingency plans for use in the event of an unintended spill
x) Manure spreading etiquette that will minimize complaints relating to nutrient
management practices
xi) Hectares of arable land made available, by legal agreement, for manure disposal
along with two copies of such agreement
xii) Provide water sample prior to construction and upon re-submission of Nutrient
Management Plan.
Certificate to Accompany Nutrient ManagementPlan
xiii)
Certificate Prepared by a Third Party, Reviewer orFarmer.
I, ________________________________, hereby certify that based on
relevant information provided in good faith and excluding unforeseen or
uncontrollable circumstances, the recommendations contained in the
attached report will, if implemented, result in acceptable management
practices. Acceptable management practices refer to normal farming
practices that do not contravene any applicable law.
5. Enforcement
5.1 Investigation of a person's Nutrient Management Plan shall occur when a
written complaint, accompanied by a $50.00 cheque (returned if the complaint
has merit, cashed if the complaint is a nuisance variety) is presented to the
Clerk's office. An initial response will be carried out by the peer review
committee. If no positive results occur, the matter would be referred to the
By-Law Enforcement Officer, Municipal Council or the appropriate provincial
ministry (MOEE/MNR).
5.2 Every person who violates the Nutrient Management Plan requirements as set
out herein by not preparing, or not complying with a prepared Plan, and upon
conviction thereof shall forfeit and pay a penalty not exceeding two thousand
dollars ($2,000.00) (exclusive of costs) for each offence, and each day of the
occurrence of the offence shall be deemed to be a separate occurrence, or to
imprisonment for a term not more than (6) six months for each offence, and
every such penalty shall be recoverable under The Municipal Act, R.S.O. 1990,
and The Provincial offences Act R.S.O. 1990.
By-Law No. 1999 – 73
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Page 16 of 16
APPENDIX A
Continued
Page 3 of 3
6. Frequencey
6.1 Nutrient Management Plans will be renewed every three years under normal,
continuous management. If there is a change in management, the Nutrient
Management Plan will need to be renewed within one year.
6.2 The C.B.O. (Chief Building Official) will require annually, by May 31, a
certified copy(ies) of the legal agreement(s) for manure disposal. The
certification will require the signatures of both parties to confirm that the legal
agreement is still in effect.
Failure to produce these certified copies will result in the Nutrient Management
Plan being invalidated.