HomeMy WebLinkAbout03 135 nutrient management
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
A BY·LAW TO REGULATE LIVESTOCK FACILITIES AND ANURE
MANAGEMENT IN THE MUNICIPALITY OF KINCAR INE
WHEREAS Section 130 of the Municipal Act 2001 SO 2001, c. 25 as amended
provides authority for municipalities to regulate matters related to e health,
safety and well-being of the inhabitants of the municipality;
AND WHEREAS the Council of the Corporation of the Municipar of Kincardine
deems it necessary and in the public interest to regulate manure torage facilities
and livestock facilities;
NOW THEREFORE, The Council of the Corporation of The MuniliPality of
Kincardine ENACTS as follows: T
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SECTION 1.0 . SCOPE
This by-law shall apply to all livestock operations, as defined in s ction 2.28 of
this by-law, within the limits of the Corporation of the Municipality of Kincardine,
except where superseded by the Nutrient Management Act, 200 .
SECTION 2.0 . DEFINITIONS
For the purpose of this by-law the definitions and interpretation g ven in this
section shall govem:
2.1 Aaricultural Advisory Committee is a group of 8 or more1' terested citizens
from the farm community with experience in variety of com OOity groups and
from the community-at-Iarge.
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2.2 Aaricultural Consultant means a person with accreditation in the
assessment of soils, manure and nutrient management. A erson having a
degree or diploma in agriculture, or who is certified as a cro consultant or
nutrient management consultant may be considered as an gricultural
Consultant.
2.3 Aaricultural use, General means general farming and with ut limiting the
generality of the foregoing shall include such uses as the g neral cultivation
of land and the associated production, conditioning, proces ing and storing
of field crops, vegetables, fruit, horticultural crops and nurs ry stock and the
selling of such produced on the premises, the breeding an care of livestock,
poultry, fur-bearing animals and bees, and the selling of su h stock or the
product of such stock raised on the premises, and the man gement of forest,
and the sale of forest products, including fuel wood, pulp w 00, timber,
Christmas trees, and maple products, and includes a farm welling and
accessory buildings and uses.
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Nutrient Management By-law No. 2003 - 135
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2.4 Alter shall mean any alteration in a bearing wall or partition or !column, beam,
girder or other supporting area or volume of a building or stru~ure. The
words "altered" and "alteration" shall have a corresponding meaning.
2.5 Aauifer means a geological formation containing a subterrane~m reservoir of
groundwater capable of providing economic quantities of water to a well.
2.6 Buildina means a structure occupying an area greater than te~ square
meters consisting of a wall, roof and floor or any of them, or a ~tructural
system serving the function thereof as defined in the Building Çode Act.
2.7 Buildina Bv-Iaw means any building by-law within the meanin~ of the
Ontario Building Code Act, and amended from time to time. .
2.8 Capacity means what the building is capable of housing as defined in the
OMAF animal housing guidelines, (Appendix 'C') as amended ¡from time to
tima .
2.9 Catch basin for the purpose of this by-law shall mean a samp~ing port within
6 metres of the discharge of a tile drain system, inaccessible tø surface run
off or other extemal contamination and suitable for the taking cj¡f liquid
samples.
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2.10 Chief Buildina Official means the officer or employee appoi\1ted by By-
Law of the Corporation of the Municipality of Kincardine charg~d with the
duty of enforcing the provisions of the Building By-Law of the <þorporation,
Building Code Act and its applicable regulations; including thelenforcement
of the Livestock Facility and Manure Management By-law.
2.11 Code, National Farm Buildina f1995\ is a set of regulations ¡for the design,
construction, remodelling and evaluation of a wide variety of f~m buildings
other than living quarters. Contains recommendations design to obtain
safe and efficient performance and economy within such build ngs.
2.12 Code. Ontario Buildina is a set of regulations prepared by t~e Ministry of
Housing consisting of building requirements to minimize the ri~k of injury and
property damage from structural failure and fire and health hatards.
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2.13 COrDoration means the Corporation of the Municipality of Ki~cardine.
2.14 Council means the Council of the Corporation of the Municip~lity of
Kincardine. .
2.15 Dike is an earthen embankment or dam surrounding the manµre storage
facility and normally composed of material excavated during the construction
of the manure facility.
2.16 Drain. Buried means any sub-surface conduit for receiving apd or
conveying water. '
2.17 Drain. Open means a conveyance for water which is bounde~ by visible
bed and banks. It may be man made or natural.
2.18 Emeraencv means a situation when management of a farm 4nit is seeking
permission to contravene their Nutrient Management Plan du~ to an
imminent threat to public health & safety.
2.19 Environmental Farm Plan means a plan to operate an envir4Jnmentally
responsible farming operation as defined by The Ontario Envirþnmental
Farm Program. '
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Nutrient Management By-law No. 2003 - 135
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2.20 Environmental Protected Land is an area of land as defin~d by the
Municipal Comprehensive Zoning by-law.
2.21 Erect shall mean to build, construct, reconstruct and relocated in
compliance with the Ontario Building Code, and, without limiting the
generality of the foregoing, shall also include;
a) altering any existing building or structure by an addition, enl~rgement,
extension or any other material or structural change. .
b) any work necessitating a building permit as required under t~e Ontario
Building code.
"Erected" -and "Erection" shall have a corresponding meani1g.
2.22 Existlna unless otherwise indicated, means existing on theldate of passing
of this by-law.
2.23 Feedlot an area of land used for confinement of livestock when 50% or
more of the feed for the livestock is brought in from another 'ource.
2.24 Flood Plain is the area of a river valley flooded as the resul~ of a regional
storm determined by consultation with Saugeen Valley Cons~rvation
Authority.
2.25 Frontaae means the width of a lot measured along the stre~t line.
2.26 Grade. Finished means the average elevation of the finish,d surface of the
ground at ground level of a building or structure. .
2.27 Grassed Spillwav shall mean a shallow, seeded channel-~ay to divert flow
away from any watercourse. .
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2.28 Livestock means fur bearing or fibre bearing animals or an~ other domestic
animal used for consumption, propagation, or for intended prþfit or gain, and
without limiting the generality of the foregoing includes; dairy¡ and beef cattle,
lamas, alpacas, horses, swine, sheep, laying hens, chicken $nd turkey
broilers, turkeys, goats, geese, mink and rabbits. Also, any ~nimallisted in
section 2.31 of this by-law.
2.29 Livestock Crossina means a controlled or defined access þcross
watercourse, mayor may not require gates and modification, to stream
beds, may require other agency approval. i
2.30 Livestock Facilitv means livestock bams where animals o~ poultry are
housed, including feedlots, and the associated manure storage.
2.31 Livestock Unit means equivalent values for various types qf animals and
poultry based on manure production and production cycles a~ amended from
time to time.
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Nutrient Management By-law No. 2003 - 135
Factor "A" ( barn odour potential ), and animals per livestock unit ( based on
capacity ).
e Animals per Factor "A"
Livestock Unit (OdÞur Potency)
BEEF 1 Beef Cow (note 1) (bam confineme~t) 0.7
1 Beef Cow (note 1) (bam with yard) i 0.8
2 Beef Feeders (barn confineme~t) 0.7
2 Beef Feeders (bam with yard) 0.8
CHICKEN 125 Caged Layers (manure stored hi barn) 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 Milking Cow (notes1 ,2) (tie-stall) 0.65
1 Milking Cow (notes1 ,2) (free-stall) 0.7
2 Dairy Heifers (barn confineme\1t) 0.7
2 Dairy Heifers (barn with yard) 0.8
e DUCK 100 Ducks 0.7
EMU 5 Emu 0.7
FOX 40 Adult Fox (note 4) 1.1
GOAT 4 Adult Goats (note 3) 0.7
10 Feeder Goats(>20 kg) 0.7
HORSE 1 Horse (note 3) 0.65
MINK 80 Mink (note 4) 1.1
OSTRICH 3 Ostrich 0.7
RABBIT 40 Adult Rabbits (note 4) 0.8
SHEEP 4 Adult Sheep (note 3) 0.7
10 Feeder lambs (>20 kg) 0.7
e SWINE 5 Sows/Boars 1.0
4 Feeder Hogs (30-120 kg) 1.0
20 Weaners (4-30 kg) ( note 5 ) 1.0
TURKEY 50 Meat Turkeys (> 10 kg) 0.7
75 Meat Turkey (5- 10 kg) 0.7
75 Turkey Breeder Layers 0.8
100 Meat Turkeys «5 kg) 0.7
500 Pullets (replacement breeders ) 0.7
VEAL 6 White Veal 1.0
3 Red Veal «300 kg) 0.8
Notes: For all other animals/poultry use 'livestock unit per 450 kQ housed at one
time (A=0.8). .
1 - Includes calfto 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 follo~ers when they
e 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 wi~ners.
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Nutrient Management By-law No. 2003 - 135 ¡
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2.32 Lot shall mean a parcel of land, described in a registered d,ed or other
document legally capable of conveying title to or interest in I~nd, or shown as
a lot or block on a Registered Plan of Subdivision. .
2.33 Lot Line means any boundary of a lot or the vertical projectIon thereof.
2.34 Manure, Livestock shall mean animal waste principally comjposed of
livestock faeces and urine which may be diluted by water an~ may include
some bedding material.
2.35 Manure. Liauld Livestock, livestock manure which has a ~ry matter
content, equal to or less than 12% by weight.
2.36 Manure. Solid Livestock. livestock manure which has a drY matter content
equal to or greater than 13% by weight.
2.37 Manure Storaae Facllltv. for the purpose of this by-law sh~1I mean an
earthen, steel or concrete storage facility used for the storag\3 of manure.
2.38 Manure Storaae Facilitv , Covered is a manure storage w~h a roof or
covering enclosing the surface area of the facility and preve~ting the release
of odours and gases from the facility. .
2.39 Manure Storaae Facllltv. ODØn is a manure storage facili~ open to the
atmosphere with no roof or covering. !
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2.40 Manure Storaae Facilitv, Temporarv shall mean a portablþ vessel capable
of holding manure
2.41 Municipal Drain shall mean a drainage works as defined bt The Drainage
Act, R.S.O. 1990 as amended from time to time. .
2.42 Municipalitv shall mean The Corporation of the Municipalitt of Kincardine.
2.43 Non-Complvlna means a livestock facility and/or manure s~orage facility
permitted by this by-law which does not meet the provisions required in this
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2.44 Non-Conformina means a lawfully existing livestock facility and/or manure
storage facility not permitted by the By-law. '
2.45 Nutrient means any manure, commercial fertilizer, bio-solid~ leguminous
and/or other plough down crop. (See Appendix 'E') .
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2.46 Nutrient Manaaement Plan, means a report that evaluates! the relationship
between the application of nutrients, managing techniques, ~nd land use
(see Appendix "AW). .
2.47 Peer Review Committee shall be a group of 3 or more peoþle chosen from
the Agricultural Advisory Committee. .
2.48 Permitted shall mean permitted by this By-law.
2.49 Person includes any individual, association, partnership, coh>oration,
municipal corporation, agent or trustee and the heirs, execut~rs or other
legal representative of a person to whom the context can ap~ly according to
law.
2.50 Renovation means the repair and restoration of a livestock ~acility and/or
manure facility to good condition within existing extemal wall$ and dikes but
shall not include its replacement. .
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Nutrient Management By-law No. 2003 - 135
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2.51 Road Allowance shall mean a municipally owned property lused as a
roadway or retained as a road right-of-way.
2.52 Site Plan shall mean a scaled drawing showing the relationþhip between a
livestock facility and/or manure facility and neighbouring lan4 uses including
areas designated or zoned in a non-agricultural category; nqn-conforming
uses; neighbour's residences; middle-of-the-road allowance$ and lot lines.
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2.53 Tillaae Acres means total area of land including pasture thþt can be
cultivated. .
2.54 Use shall mean the purpose for which any land, building, structure, or
premises, or part thereof, is arranged, designed or intended ~o be used, or is
or may be occupied or maintained and the words "used", "to use", and "uses"
have a corresponding meaning. Unless the context otherwi*e requires, the
expression "use" or "to use" in this by-law shall include anyt~ing done or
permitted by the tenant or occupant of any land. building or $tructure, directly
or indirectly or by or through any trustee, tenant, servant, or ~gent, acting
with knowledge or consent of such owner or occupant, for t~e purpose of
making use of said land, building or structure. .
2.55 Watercourse means a natural or man-made channel which carries water
and includes streams, rivers, open drains and lakes, and indludes
watercourses with intermittent flow. .
2.56 Well shall mean a dug or drilled hole made in the ground tq locate or obtain
ground water or to test or t obtain information in respect of g roundwater or an
aquifer, and includes a spring around or in which works are I-nade 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 consumptiqn.
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SECTION 3.0 - APPLICATION. ADMINISTRATION AND ENFqRCEMENT:
3.1 Application
3.1.1 No person shall erect, alter, replace or use any agricultur~1 or horticultural
facility or part thereof within the limits of the Municipality qf Kincardine,
unless a permit has been issued, therefore, by the Buildi~g Official.
3.1.2
No person shall use any land, or erect, alter, replace or u~e any livestock
facility or part thereof within the limits of the Corporation qf the Municipality
of Kincardine except in conformity with the provisions of this by-law and
with the Municipality's Comprehensive Zoning By-law. i
All livestock facilities housing 5 or more livestock unit~ or part thereof,
constructed within the limits of the Corporation of th~ Municipality of
Kincardine, will require an approved Nutrient Managem~nt Plan, and an
Environmental Farm Plan as per Appendix "A" prior to a building permit
being issued.
3.1.3
3.2 Administration
This by-law shall be administered and enforced by such person þr persons as
shall be appointed from time to time by by-law of the Corporatiop of the
Municipality of Kincardine. :
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Nutrient Management By-law No. 2003 - 135
3.3 Inspection ,
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3.3.1 Any employee of the Municipality acting under the directio~ of the Council
of the corporation, or any peace officer having jurisdiction ¡h the
Municipality, is hereby authorized to enter, with prior notifiqation, between
the hours of 8 o'clock a.m. and 6 o'clock p.m., on any date Ibut Sunday,
upon any property or premises or structure, for the purpos¢ of discharging
his or her duties and obligations under this By-law, or if th~re is reason to
believe-that the provisions of the By-law are not being com~' lied with in
whole or in part. The employee has the right to take any s mples deemed
necessary. The employee must adhere to the bio-security standards of
the inspected farm operation. :
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3.3.2 All aspects of construction for manure storage structures, itclUding but not
limited to design, excavation, material quality, construction and
inspections shall be provided by an Engineer licensed by t e Province of
Ontario. Engineering costs will be the responsibility of the acility
proponent.
3.4 Issuance of Permit
3.4.1 No building permit shall be issued for a livestock facility a~dlor manure
storage facility which does not conform with the provisions !of this by-law.
3.4.2 No livestock facility shall be used until an approved manu~e storage is
constructed and all final inspections are completed and reports submitted
to the Chief Building Official. .
3.5 Tarrlff of fees and deposits
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If an application for a building permit requires a nutrient management plan to be
reviewed as described in section 5.4 of this by-law or review or a renewal
Nutrient Management Plan as described in section 5.4.3 of this b*-Iaw, a deposit
will be required and an agreement signed. All plans for facilities liousing
livestock units shall require a deposit as indicated in the consolid4ted fee by-law
for the Municipality of Kincardine. Additional deposits of $1,500 <þr $5,000
increments may be required ifcosts exceed 50% of the initial depþsit. Any
unused portion of said deposits shall be refunded to the applicant! after all
municipal expenses have been paid.
See Appendix 'D' for disbursements and agreement.
Fees shall be in accordance with applicable By-laws.
3.6 Violation and Penalties:
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Any person who contravenes any of the provisions contained in t~is By-law shall
be guilty of an offence and upon conviction shall be subject to a fire of not more
than five thousand (5,000.00) dollars as presently prescribed in tlie Provincial
Offences Act R.S.O. 1990, P. 33, as amended, or such additional! fine or fines as
may be authorised by a subsequent amendment to the Provincial!Offences Act.
3.7 Complaints
3.7.1 The following process shall be used for the receipt of all complaints
conceming alleged violations of this by-law. Violations relafing to imminent
public danger, or those requiring prompt action due to the $hort period of
the violation occurring will not be govemed by this clause. !
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3.7.2
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Nutrient Management By-law No. 2003 - 135
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All complaints must be in writing, signed by the complain~nt and
accompanied by cash or certified cheque payable to the ~unicipality of
Kincardine for the amount of $100.00. Such cheque is retl'Jmable if the
complaint is deemed, by the Peer Review Committee and! chair, to be in
contravention of this by-law. All complaints should be addressed to the
municipal clerk who will contact the Agricultural Advisory ¢:ommittee
Chair.
3.8 Violations
If any section, clause or provision of this by-law, including anythihg contained in
the schedules attached hereto, is for any reason declared by a cþurt 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, claliJse or provision
so declared to be invalid and it is hereby declared to be the inte~tion that all the
remaining sections, clauses or provisions of this by-law shall rertnain in full force
and effect until repealed, notwithstanding that one or more provi~ions thereof
shall have been declared to be invalid. '
3.9 Rem~dies
In case any building or structure is to be erected, altered, recon*ructed,
replaced, extended or part thereof is to be used, or any lot is to lI>e used, in
contravention of any requirement of this by-law, such contraven.ion may be
restrained by action at the instance of any ratepayer or of the Cqrporation
pursuant to the provisions ofThe Municipal Act, SO 2001 c 25, ¡jIs amended, in
that behalf. .
3.10 Emergency Exemptions
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Emergency exemptions for spreading are permitted by this bY-lr as follows:
Exemption request submitted to the Peer Review Committee an chair or vice
chair to make recommendations to CAO and Mayor. CAO and ayor to give
final approval.
3.11 Repeals
From the coming into force of this by-law, any previous by-Iaw(~) passed under
Section 210, Par. 144 ofThe Municipal Act, RSO 1990, as ame~ded, 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.
4.2
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For the purposes of this by-law, words used in the prese~t tense include
the future; words in singular number include the plural a~ words in the
plural include the singular number; the word 'shall" is mahdatory; the word
"used" shall include the words "intended to be used" and !"designed to be
used or occupied". .
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Nutrient Management By-law No. 2003 -135
SECTION 5.0 - GENERAL PROVISIONS:
5.1 Application of Other By-laws, Regulations, Legislation
Nothing in this by-law shall operate to relieve any person from th~ obligation to
comply with the requirements of the Ontario Building Code Act, tHe Municipal
Comprehensive Zoning by-laws or any other By-law of the Munic;' ality in force
from time to time or the obligation to obtain any other licence, pe it, authority or
approval lawfully required by a governmental authority having juri diction to
make such restrictions. '
5.2 Non-complying manure storage facility and/or livestock *,cillty of a type
permitted by this by-law: ¡
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Where a livestock facility and/or manure storage facility was lawfully established
prior to the date of the passing of this by-law, and is of a type petmitted, but does
not meet the provisions prescribed by this by-law, the said facilitY may be
reconstructed, expanded, repaired or renovated provided that: .
5.2.1
The reconstruction. expansion, repair or renovation of the facility is
in compliance with the provisions of this by-law; :
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5.2.2
The construction or expansion of any earthen facil~ for use as a
manure storage shall comply with section 6.3 of this by-law.
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The reconstruction or replacement of any building pr structure,
which is destroyed by fire, or an act of nature, whi¢h did not
comply, with the provisions of this By-law, shall co~ply with this by-
law.
5.2.3
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5.2.4 All other applicable provisions of this by-law, the ~unicipality's
Comprehensive Zoning By-law and any other applicable legislation
are complied with. '
5.3 Non-conformlng Manure Storage Facility andlor Lives~ock Facility of a
type Not permitted by this by-law:
Where a liquid manure storage facility and or livestock facility ~as lawfully
erected prior to the day of the passing of this By-law and is of ~ type not
permitted by this By-law, the said facility may be reconstructed¡ repaired or
renovated provided that: :
5.3.1 The repair or renovation does not involve any alt,ration of use and
the building or structure continues to be used for ~he same purpose;
does not increase the height size or volume.
5.3.2. The reconstruction of the facility shall comply Wit~ this by-law.
5.3.3
The construction or the expansion of any earthe~ facility for use as
a liquid manure storage shall comply with sectio~ 6.3 of this by-law.
All other applicable provisions of this by-law andlthe Municipality's
Comprehensive Zoning By-law and any other a~licable legislation
are complied with. :
Th~ re~nstruction or replacement of any buildi~~ or structure,
which IS destroyed by fire, or an act of nature, which did not
conform, with the provisions of this By-law, shalll' comply with this
by-law. I
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5.3.4
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Nutrient Management By-law No. 2003 - 135
5.4 Nutrient Management Plan:
A Nutrient Management Plan and Environmental Farm Plan shall be completed
for the proposed property prior to the issuance of a building perm t to construct,
alter or expand a liquid or solid manure storage facility and/or a Ii'l'estock facility
to serve a livestock operation with the capacity of 5 or more livestþck units.
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5.4.1
Such Nutrient Management Plan shall be prepared ~nd submitted
for Peer Review committee approval consistent wit~ "Appendix A"
of this by-law. .
Once approval is given for a Nutrient Management rlan notice shall
be given by the Municipality to all property owners '1'ithin thirteen
hundred feet of the perimeter of the proposed buildi lg site property
and within thirteen hundred feet of the perimeter of ~II properties
including any in Nutrient Management Plan used fo~ spreading.
Nutrient Management Plans must be renewed everY 3 years under
normal continuous ownership. If a change of owner$hip occurs, the
Nutrient Management Plan must be renewed befor~ closing, to the
standards in effect at the time of renewal. All renew~1 plans must be
submitted 60 days prior to expiring or closing date.
Changes in farm practices, lease arrangements or ~ny other
change that would affect the conditions of the Nutri~nt Management
Plan must be reported to the Municipality within 2 w 3eks and
corrections to the plan submitted within 8 weeks. .
5.4.2
5.4.3
5.4.5
5.5 Separation Distances:
Separation distances for the establishment of livestock facilities ahd manure
storage facilities shall be in accordance with the Provincial and Mµnicipal
Minimum Distance Separation II (MDS II) formula, and the Municiþal
Comprehensive Zoning By-law, as determined by the greater of title proposed
livestock units, or the maximum livestock capacity of the building þr structure.
This clause also applies to structures capable of but not immedia,ely used for
housing livestock unless the owner signs an affidavit indicating thr structure shall
not be used for the housing of livestock or manure storage.
The total animal units of all livestock facilities, over 150 livestock ~nit, built or
expanded upon within a three year period of the initial applicatio~ will be
combined and calculated as a new application with regard to the provincial and
Municipal Minimum Distance Separation II(MDSII) requirements. ¡
5.6 Maintenance
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All components of a manure storage facility shall be maintained tþ a safe
standard including all fences. In addition, all manure storage faci~ities out of use
for one year shall have the manure removed and the said facility .¡naintained in a
condition in which it will not become a hazard to the public.
5.7 Monitoring:
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All livestock operations over 150 livestock units under the provisio~s of this by-law
are subject to a monitoring plan, as follows:
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Nutrient Management By-law No. 2003 - 135
5.7.1 All perimeter monitoring tiles of manure storage faC lities will be
subject to an inspection and a sample taken of IiqUi~ present, by a
third party approved by the Municipality at the experse of the
applicant, yearly, prior to the emptying of the Manu~ Storage
Facility. The results shall be submitted to the Chief!Building Official
of the Municipality. !
5.8 Land Base:
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A tillable land base for spreading manure shall be maintained as ~etermined by
the Nutrient Management Plan, subject to the following: ,
5.8.1 All owned and non-owned lands to be made available for the
spreading of manure shall be declared in the Nutriert Management
Plan, and identified by legal description.
5.8.2 All required land not owned by applicant and intended for
spreading manure will require a Municipality of Kinc~' rdine Farm
Lease for a minimum of three years. A copy of the I ase shall be
submitted to the Chief Building Official. Refer to Ap endix "B" of
this by-law. .
5.8.3 A Nutrient Management Plan will require 25% more Itillable land
than the land base required by the OMAF Nutrient ~anagement
Program. !
5.8.4 Manure may be sold or given away providing that a~ approved
amendment to the Nutrient Management Plan, whic~ includes the
recipient property or destination, is completed. If the destination is
processing for commercial sale, then a chain of cus~y must be
provided to ensure that the manure arrives at its int1nded location.
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5.9 Spreading and Disposal
5.9.1 All lands to be used for spreading of manure shall b$ included in
the Nutrient Management Plan.
5.9.2
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All liquid manure applied within 125 meters of anY~' ilding used for
a residence, institution, commercial, industrial purpo es, or
recreational facility, must be incorporated into the iI within 24
hours. '
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5.9.3
All haulage routes for the spreading of manure off-si~e shall be
provided and adhered to. Weight restrictions for roa~s under the
jurisdiction of the Municipality of Kincardine shall ap~ly.
¡
Spreading of manure on frozen or snow-covered grejund will not be
permitted. '
All non-tiled land or tiled land without catch basins u~ed for the
application of liquid manure shall be restricted to a rr/aximum of
2000 gallons per acre per application. Applications r¡nust be at least
twenty-four hours apart. Total manure applied may ~ot exceed that
approved in the Nutrient Management Plan. !
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All tiled land with catch basins used for the applicatiQn of liquid
manure shall be allowed to spread at the level appro~ed in their
Nutrient Management Plan provided the following items are
adhered to. i
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5.9.4
5.9.5
5.9.6
12 I
Nutrient Management By-law No. 2003 - 135 I
A. The applicant of the Nutrient Management Plan is Jsponsible to
inspect and record condition of individual tile lines ~thin 48 hours
prior to application. !
B. Record the weather forecast and source (the foreca~t should
predict less than a 50% chance of a Yz inch of rain vl'ithin 48 hours
of application completion time).
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C. Initial water samples will consist of a 500 ml sample of water from
each monitor catch basin in the applied field and wil be checked for
manure odour and colour and stored for 14 days bmowner. All
other samples will be taken according to the followi g schedule but
not stored unless a change in colour or odour is not ced.
a.
b.
c.
e d.
e.
One hour prior to application .
Thirty minutes and 1 hour following the apdlication of less
than 20 acres and once each hour thereati~r during
application. .
One sample drawn 8 to 12 hours following ~pplication and
one sample after 36 hours after comPletion~· of application.
One sample drawn within eight hours of a 1 2 inch rainfall
within one week of completion of applicatio or one week
delay. ¡
Last sample taken will be labeled and stor~d for 14 days.
I
D. If, at any time, during monitoring of tile water the w~ter appears to
be contaminated with liquid manure, the applicant ~hall implement
the following measures.
I
Stop the manure application. l
Prevent contaminated water from entering ¡urface water
(to show in contingency plan).
Notify the spills action centre and forward a report of the
application events records to the Spills Action Centre 1·
800-268-6060.
Perform corrective measures and adjust apþlication
technique and wait for the monitor catch b~in's
observations to match the sample taken in chedule
5.8.7.2. before application resumes in the eld.
,
It may be advisable, but not required, to have catc~ basins on tiles
entering fields from property owned by others and rronitored as
above.
¡
Keep records of your manure applications (date, fi~ld, rate,
incorporation method, and weather). These record~ will be useful
when your plan must be renewed. Provide field sk~ches to manure
applicators showing set backs for manure applicati~n.
a.
b.
c.
d.
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NOTES:
1.
2.
5.10 Approval of A Nutrient Management Plan
i
The Peer Review Committee shall review the completed Nutrie~' Management
Plan and obtain the necessary third party and expert opinions to enable the
committee to make informed decisions. Depending upon the ap lication, the
review process may be very lengthy. The Peer Review Committ~e will submit
written verification to the Chief Building Official that the Nutrient ~anagement
Plan complies with this by-law.
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Nutrient Management By-law No. 2003 - 135
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5.11 New Technology j
The use of new technology is permitted when conclusive support ng scientific
evidence can be provided and that the use of the new technolog . is approved by
the Agricultural Advisory Committee. The use of new technology Will be
examined on a "case by case" basis and doesn't automatically nqgate other
provisions of this by-law.
5.12 Watercourse Protection
5.12.1 Beginning January 1, 2004 all livestock must be prevente{t from entering
watercourses. Livestock crossings will be exempt from thi~ clause.
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SECTION 6.0 - PROVISIONS FOR MANURE STORAGE FACI~ITIES:
I
No livestock manure storage facility shall hereafter be constructe~, repaired or
altered except in accordance with, the following provisions: ;
A Professional Engineer shall design all Manure storage facilitiesj The engineer
shall undertake the general review of the construction of the stru~ure in
accordance with the performance standards of the Association of Professional
Engineers of Ontario. Copies of written reports arising out of the eneral review
shall be forwarded to the Chief Building Official. .
¡
"
Liquid Nutrient Transfer Systems shall be designed and construct~d as per the
Nutrient Management Act, 2002 Section 87. .
Storage capacity for liquid manure storage facilities (total combin~d in-bam and
tank) shall be for a minimum of 365 days and shall not exceed 10pO days.
i
Storage capacity for solid manure storage facilities (total combineÞ bam and pad)
shall be for a minimum of 240 days and shall not exceed 1000 days.
All existing/new liquid manure storage facilities must have apPro~' d fencing.
Those structures with approved "hardened" covers, or walls high r than 1.5
metres and not posing a safety hazard would be exempt from this requirement.
¡
i) Approved fencing shall consist of a continuous wov~n wire fence of
a minimum 12 gauge and a maximum hole size of 4~cm. topped
with a single strand of barbed wire, with a self supp rting gate,
constructed of similar materials designed to prevent the access of
people and animals. The fence shall be erected on top of the
structure or grade or within 2.3 metres of the outsid~ perimeter of
the manure storage facility and extend to a height 0 1.5 metres.
The fences must be anchored in such a way that a hild could not
gain access by lifting the fence or sliding under it. !
,
All liquid manure storage facilities shall be designed, by backfill orldike, to safely
capture all possible spilled liquid manure, in the event of a failure ~f the above
ground portion of the structure. Supporting walls shall have a minitnum backfill
width of 1.6 metres at top. Drains in dikes are prohibited. All captured rainwater is
to be pumped out.
Surface water shall be excluded from all manure storage facilities
All liquid manure storage tanks shall be covered with an appropri~e material
approved by the Agricultural Advisory Committee and the Chief B~ilding Official.
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Nutrient Management By-law No. 2003 - 135 !
The proponent must identify the cover to be used and qualify its validity.
The cover must ¡
a) prevent odour leakage from the tank !
and ,
b) prevent accidental entry of people and animals into th~ tank. If the
cover provides the suitable odour containment but not þ,ccess
prevention, then an approved fence must also be installed as per the
fencing regulations described in this by-law. ¡
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and '
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c) The cover must be maintained in a condition that will ~eet the original
design specifications. ¡
If suitable odour elimination equipment or processes are in placJ, the odour
prevention cover may be deleted upon the approval of the Chief ßuilding Official
and the Agricultural Advisory Committee. !
6.1 Concrete/Steel Construction Standard: LIQUID
6.1.1 AU livestock facilities over 150 livestock units and manureistorage facilities
for liquid manure shall have a perimeter monitoring tile 104ated, at the
outside base of the foundation, with an adequate slope a~d appropriate
monitoring well(s). If soil conditions are identified, as beinß inadequate to
transfer potential leaks from beneath the structures to the! perimeter tiles,
then an appropriate under floor drainage system connectE' g to the
perimeter monitoring tile system shall be required. All as ects of
construction for these two systems, including but not limit to design,
excavation, material quality, construction, and inspection~ shall be
provided by an Engineer licensed by the Province of Ontc rio. Engineering
costs will be the responsibility of the facility proponent. i
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Ensure that field drains within 15m. (50ft.) are effectivelytut off and
redirected away from structures. Older, abandoned tile d ins may exist
and must also be eliminated. On all farms, it will be nece sary to trench
around the entire building site to ensure that all drains h!' e been
discovered. Some drains are quite deep, so the peri mete trench should
be at least 5ft. deep. An inspection of the open trench b the building
inspector is required before the trench may be refilled.
6.1.3 All abandoned wells, ancient or exposed due to construction or in fields
used for spreading of manure, must be sealed through a !process
approved the Ministry Of The Environment and a copy o~ the report shall
be submitted to the Chief Building Official.
6.1.2
6.2 Solid Manure Facility
6.2.1
All solid manure storage facilities situated immediately a~jacent to
livestock facility must have a concrete base with walls o~ three sides.
Height of walls to be calculated by design and volume reRuired.
Solid manure storage facility shall have a system in plac~ to divert the
surface and roof water from entering the facility. :
If required a liquid storage facility appropriately sized to ~apture the run off
from the solid manure facility shall be installed. i
All solid manure storage facilities shall have a perimeter imonitoring tile
system located at the outside base of the concrete pad ~ith an adequate
slope and appropriate monitoring well(s). The perimeter~le shall be
installed starting mid way down each side and joined ac ss the end
(lower slope). Tiling would also include the liquid facility or run off.
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Nutrient Management By-law No. 2003 - 135 I
!
Earthen liquid Manure Storage facility shall not be permitted for Ii~estock facilities
with over 150 livestock units. I
!
Earthen liquid livestock manure storage facilities may be construþted, replaced or
enlarged for facilities of 150 livestock units or less in accordanceiwith the
following provisions:
No existing earthen liquid livestock manure storage facility shall ~e altered except
in accordance with the following provisions and an engineer repqrt must be
submitted prior to a building permit being issued: !
6.3.1 Earthen manure storage shall be constructed with a mini um thickness of
10 metres of natural material, at a hydraulic conductivity greater than
1x10-8m/sec below the bottom ofthe storage and above t e upper most
identifiable groundwater source capable of transmitting c ntaminants
beyond the farm boundary or equivalent competent mate, ai, or
Earthen manure storage shall be constructed with a clay liner 1.0 m. thick,
at a hydraulic conductivity of 1x10·9m/sec and 3 metres o~ natural material
at a hydraulic conductivity no greater than 1 x1 0-8m/sec., ~elow the bottom
of the storage and above the upper most identified groun~water source
capable to transmitting contaminants beyond the farm bo ndary, or a
material that provides equivalent or greater protection tha in 6.3.1., and is
capable of withstanding the necessary stresses of handli g chemical
action and physical loading. '
6.3.2
I
6.3.3 The soils between storage bottom and bedrock or other aRuifer shall
include a minimum thickness of 3 metres of silt or fine sand OR 1 metre of
clay;
6.3.4 Maximum Side Slopes Including Dike
Sandy loams 3:1
Stable clays, clay loams & silt loams 2:1
6.3.5 Minimum Dike Top Width
for stable soils - 5 m
for unstable soils - 10 m
6.4 Temporary Manure Storage
Shall be a vessel capable of holding no more than 80,ood Litres of liquid
manure. The storage vessel shall be designed and built ~ safely facilitate
the transfer of manure from a supply source to a spreadit1g vehicle. The
vessel shall not be left unattended with manure inside. .
SECTION 7.0
7.1
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That Municipality of Kincardine By-laws numbered 2001-106, 2002-29,
2002-32,2002-150 and 2003-56 be and the same are hereby repealed.
!
SECTION 8.0
8.1
This By-law shall come into full force and effect on Septelnber 30, 2003 to
coincide with the enactment of the Nutrient Management ~ct, 2002
Ontario Regulation 267103.
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Nutrient Management By-law No. 2003 - 135 I
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8.2 This By-law may be cited as the "Nutrient Management, 2~03 (O.R.
267/03) By-law". .
READ a FIRST, SECOND, and THIRD time and DEEMED TO B~ PASSED this
17th day of September 2003. '
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NUTRIENT MANAGEMENT BY -LAW
BY-LAW NO. 2003 -135
APPENDIX 'A'
Page 1 of2
Forming part of By-law 2003- 135 covering Application, Administr,tion,
Enforcement and Frequency of Renewal. .
1.Application
1.1 5 to 150 livestock units: a Nutrient Management Plan and !In
Environmental Farm Plan are required before a building pe~it can be
issued to construct, alter or expand a livestock facility and/cj¡r manure
storage facility. This Nutrient Management Plan may be co!npleted by the
farmer applying for the building permit if he or she has had ~he appropriate
OMAF training to complete the plan. A third party approval pf the plan
content is required. The third party shall be any adult quali~ed to
corroborate the details of the plan and attest to their accuracy.
1.2 Over 150 livestock units: a Nutrient Management Plan and! an
Environmental Farm Plan are required before a building permit can be
issued to construct, alter or expand a livestock facility and/qr manure
storage facility. This Nutrient Management Plan must be approved by a
third party that is a Certified Agricultural Consultant.
Five paper copies of the required Nutrient Management Plan are tp be submitted
to the Chief Building Official.
2. A Nutrient Manaaement Plan shall include but not be limited to fhe following:
All referrals to all lands in the Nutrient Management Plan are to b~ identified by
their legal description. '
2.1 A complete detailed site plan:
-Dimensions of the lot to be built upon or otherwise used;
-The proposed type, location, and dimensions of the livestoþk facility
existing and proposed, manure storage facility existing and !proposed for
such lot and its distance relative to: .
-The lot lines;
- the adjacent public road;
- the nearest drilled, dug or communal well;
- the nearest watercourse, pond,. drainage ditch, lake, river) stream or
water body, flows; .
- the location of the nearest, field drainage tile; if a drainag~ tile is located
underneath or immediately adjacent to the location of a liq~id manure
tank, then the drainage tile must be re-routed or capped.
- the location of any area designated or zoned residential, ~creational or
institutional and has a location which falls within the Provinqial and
Municipal Minimum Distance Separation II (MDS II) formulai.
-The location and dimensions of all existing and any proPO$ed 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 "¥inure. Should
any outlying buildings be considered for use in the future, t~ey would be
subject to a Nutrient Management Plan Amendment.
Type of livestock, poultry, or fur-bearing animals existing ~nd proposed on
such lot; .
Numbers of livestock, poultry, or fur-bearing animals existihg and
proposed on such lot; type, dimensions, liquid manure storage facility, and
in the case of earthen storage cross-section of any excav~tion required,
including the dike.
2.4 Identify all tillable Acres of land made available, owned or !by legal
agreement, for manure disposal, along with a copy of suc~ agreement;
and the said agreement must make reference to a sound Nutrient
Management Plan. .
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2.1
2.2
2.3
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2003-
APPENDIX 'A'
Page 2 of 2
con't
- The location of all existing and proposed buildings or struþWres that have
locations that fall within the Provincial and Municipal Minirrium Distance
Separation 11 (MDS II) formula of the proposed building, ~ructure or use
and the separation distances to, and existing use of those buildings and
structures;
2.5 A soils and hydrological report prepared by a competent ~erson with
expertise in this field of study shall be required in the cas~ of earthen
liquid manure facilities, including certification that the stan~ards set out in
Section 6 of this By-law are satisfied. .
,
2.6 Submit proof of adequate water supply, source of the wat~r required on
daily supply. .
2.7 Submit proof of a minimum of $1 ,000,000 (one million do'lars)
environmental liability insurance.
2.8
e 2.9
2.10
2.11
e
Identify all nutrients applied in prior twelve months on all ~wned or leased
tillabled lands. .
i
Record how and when the nutrients note above in 2.8 w~re applied.
Identify environmental risks, I.e., open creek/ditch; Munic~pal Drain/Drains.
All aspects of the OMAF Nutrient Management Workboo~ for operations
under 150 livestock units or OMAF's current Nutrient Ma~agement Plan
computer program. '
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Nutrient Management By-law No. 2003 - 135
APPENDIX "B"
made this
NUTRIENT MANAGEMENT LAND USE AGREEMENt
day of
BETWEEN:
(Hereinafter called the "Land Owner")
and-
(Hereinafter called the "Livestock Farmer")
RECITALS
A. The land owner is the registered owner of the lands located at
I
and more particularly described in the legal description attached as a s4hedule to this
agreement and are hereafter referred to as the lands.
B. The livestock farmer is the owner of an intensive livestock facilitt, located at_
which produces large volumes of liquid manure, and which is hereafter ~eferred to as the
livestock facility.
C. The livestock facility is located within the Corporation of the Mu~icipality of
Kincardine, (hereinafter referred to as the municipality) which has enac1þd a nutrient
management by-law which requires among other things an agreement fpr the disposition
of manure produced from intensive livestock facilities.
NOW THEREFORE the parties hereto agree as follows:
1. The land owner agrees that the livestock farmer shall have the Jse of the lands
described in the schedule attached for the purpose of disposing manur~ produced from
the livestock facility owned by the livestock farmer. .
2. This agreement for the use of the lands shall begin the d.y of
and shall run for an uninterrupted term of three years from the said dat~ at which time it
shall automatically terminate unless extended by further agreement.
3. This agreement shall not be terminated by the land owner or th~ livestock farmer
during the term of the agreement without first obtaining the consent in vfriting of the
municipality. .
4. The livestock farmer agrees to dispose of the manure on the la~s, in
accordance with the terms and conditions of the manure disposition scMedule attached
to and forming part ofthis agreement. '
5. The livestock farmer agrees to abide by and to follow all terms ~nd conditions of
the nutrient management plan approved by the municipality.
6. The livestock farmer agrees to carry at all times throughout the ~rm of this
agreement, sufficient liability insurance to fully identify the land owner frþm all costs
incurred or arising from the disposition of manure on the lands includin~' clean up costs
arising from any spill or other environmental damage, pursuant to this a reement and
further agrees to indemnify the land owner for such damages, costs an claims arising
from the use of the lands pursuant to the terms of this agreement inclu ing claims from
third parties. !
Date:
THE LAND OWNER
Date:
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THE LIVESTOCK ~ARMER
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Animal
Type
Riding
Horses
Tie-Stall
Dairy Cows
ee-Stall
iry Cows
Beef
Cow-Calf
Beef
Feeders
Sheep
imilar
ce need
r goats)
Swine
Farrow to
Finish
Swine
Farrow to
Weaning
Swine
SEW
Farrowing
Animal type
Size
Pen Sizes
900-1400 Ibs in
125 tf pens
1200-16001bs
in
30 tf tie stalls;
total herd size is
1.5 x milk cows
1200-16001bs
in
30 tf free stalls;
total herd size is
1.5 x milk cows
1000-12001bs
and housed
mainly at calving
Finished to 850-
11001bs; 175
days fed; start
@ 350 Ibs
Ewes 150 Ibs
with feeder
lambs up to 100
Ibs
Sows, boars,
weaners,
finishing, pigs to
market; at least
20 pigs finished
er sow/ ear
Sows, boars,
weaners to 10
weeks
Sows, boars,
weaners; sold 2-
3 wks of age
(5-8 kg)
NUTRIENT MANAGEMENT BY-LAW
BY -LAW NO. 2003 - 135
APPENDIX 'C'
Page 1 of2
Barn
Styles
Hay upstairs in two
storey bam 24' to 40'
wide, or hay stored
elsewhere with horses in
one sto 24' to 40' wide
Hay upstairs in two
storey barn 36' to 48'
wide, or hay stored
elsewhere with horses in
one storey 36' to 48'
wide
One storey, very high &
wide building, feed alley,
alleys between stalls;
10% more cows than
stalls, as they don't all lie
at once
Old bank barns
converted for
indoor/outdoor use
Bedded manure pack
with feed/manure alleys,
or totally slatted floor
bam, or feedlots with
bam access
Need little housing,
ewes inside for lambing,
feeder lambs in pens,
bams open for outside
access
One storey bam with or
without manure under
bam or outside liquid
storage; usually two or
three bams
One storey bams, with
or without manure under
bam or outside liquid
storage
SEW is an acronym for
Segregated I;ariy
Weaning a new method
used for reducing
disease concems
F of Buildi g
Per Anim I
Housed
325 Ihorse of i
downstairs floo~ area,
including alleys !(hay
I
elsewhere) I
115 /milk co of
downstairs floo~ area
including mate~ity
pens and alleysi
115 /milk co floor
area includes I
matemity pens,!&
alleys, but not !
holding & pario~r
40 Ibeef cow, i
including calf, fqr
bedded shed a$a
50 /feeder on i
bedded pack wi~h
feedlmanure allbys,
or 20 tf on total
slats, or 45 tf f~r
feedlot & barn
access
15 /pregnant ~we
and i
6 tf/feeder lam~
100 /sow
60 /sow
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Example for
Calculating
How Man Fit
6 horses @ 325
in 36'x56' one-
storey; includes
tack add feed
rooms
46 milk cows
@115tfin
40' x 128' one-
storey; calves and
heifers elsewhere
100 milk cows
@ 115tfin
92' x 125', calves
and heifers
elsewhere
60 beef cows
@ 40 tf in
40' x 60' old bank
bam
160 feeders
@ 50 tf in 70 x
115 bedded-pack,
drive-through barn
100 sheep & 150
feeders in
30' x 80' open
front; outside
access
150 sows f-f
@ 110 tf in 2
barns 42' x 204'
& 36' x 180' + feed
room, entry areas
150 sows f-w
@ 60 tf in
42' x 204' barn
150 sows, farrow
only @ 40 tf/sow
in
40' x 150' barn
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Animal
Type
Swine
Finishing
Broiler
Chickens
Pullets;
Floor-
aised
ullets
Cage-
Raised
Broiler
Breeder
Chickens
Laying
Hens in
Cages
Broiler
Turkeys
oasters)
Breeder
Turkeys
e
,
Animal type
Size
Pen Sizes
Pigs raised from
9 to 25 wk (30-
107 kg)
Chickens day-
old to many
weights; small
1.7 kg to roaster
3.5 k
Chickens from
day-old to 20
weeks & future
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Chickens from
day-old to 20
weeks & future
egg-layers
Hens laying
eggs for
hatching into
chicks
Hens laying
eggs for human
consumption
Turkeys day-old
to many
weights;
roasters 8 kg;
heavy roasters
15 k
Turkey hens
laying eggs for
hatching into
chicks
NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2003 -135
APPENDIX 'C'
Page 2 of 2
Barn
Styles
One storey bam, with
liquid manure stored
under bam for at least 8
months
One, two or three storey
barns, floor housed on
2" shavings, sawdust or
straw; hosed 5-8 weeks
de endin on market
Mainly 2 storey; birds
floor housed on 2" of
shavings, sawdust or
straw
One storey barn with
many cage
configurations and deck
levels which can vary
bam densi dramaticall
Mainly 1 storey; birds
normally housed on 1/3
litter, 2/3 slanted area;
housed for 335 da s
One storey or high-rise
bams; many
configurations for cages
& deck levels which
varies bird dens'
One storey bam, floor
housed on 2" of
shavings, sawdust or
straw; housed 12-18
weeks depending on
market needs
One storey barn, floor
housed on 2" of
shavings, sawdust or
straw
Space require ent
changes depenØing
on bird age, bu~ use
2.0 tt:/ ullet
0.15-0.3 /pull t
depending on c ge
system
1.5 /breeder cþn
partial slanted 1:1am,
3.0 tt:/breeder if
housed on litte
0.21-0.56 lIa er
depending on qage
system '
4 !turkey hen 6
tt:/turkey tom
Example for
Calculating
How Man Fit
1000 finishers
@ 10tt:in
50' x 200' bam
28,000 small birds
@ O.7fein
40' x 250' x 2
storey barn, for
each cro
10,000 pullets
@ 2 tt: in 40 x 250
x 2 storey bam
20,000 pullets
@ 0.27 tt: in
40' x 135' barn
with a standard 3
deck
6600 breeders
@ 1.5 tt: in 40' x
250' x 1 storey
with artial slats
20,000 layers
@ 0.5tt: in 40' x
250' x 1 storey;
standard 4 deck
5,000 roaster
@ 2.0 tt: in 40' x
250' x 1 storey for
each crop
2,500 breeder
turkeys @ 4 tt: in
40' x 250' x 1
store bam
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2003 -135
APPENDIX 'D'
T ARRIFF OF FEES & DEPOSITS
1 DISBURSEMENTS FROM ITEM 1 SHALL BE CALCULAT~D AS
FOLLOWS: I
A Fee payable for services provided by municipal em~loyees and
committees such as but not limited to Agricultural i
Advisory Committee Members or Nutrient Managernent Peer
Review Committee Members. I
At municipal cost plus travel expenses.
B Fee payable for services provided by the Municipalit es Planning
Consultants with respect to an application.
At municipal cost plus travel expenses.
Fee payable for services provided by the Municipali~'s solicitor.
At municipal cost plus travel expenses.
D Fee payable for services provided by the MunicipalitVs consulting
engineers. .
At municipal cost plus travel expenses.
C
E Charge for comments, review and attendance at mertings, where
required, by the Chief Building Official. .
I
At municipal cost plus travel expenses.
F Special Meetings of Council at Municipal Cost.
G
Charge for photocopying.
As per consolidated fee by-law
H
Charge for postage.
At cost
Charge for publication in newspapers having local citculation.
At cost
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2003 -135
APPENDIX 'D'
Page 2 of 2
TARRIFF OF FEES & DEPOSITS
DEPOSIT AGREEMENT
,
Where an application for a building permit requires a nutrient management
plan to be reviewed or the review of a renewal Nutrient Mani' ement Plan is
required, the undersigned applicant hereby agrees with the orporation of
the Municipality of Kincardine that he/she shall pay the requred deposit to
the Municipal of Kincardine In the amount of : '
Dollars ($ .00) to be attached to the application to assur. the
municipality that all applicable fees and costs shall be paid ~romptIY.
The undersigned applicant(s) acknowledges and agrees that:
1
2
The deposit monies shall be deposited with the municipali~.
The Municipality will calculate and refund any unused mo~ies within 90
days after the issuance of the building permit or approval qf the renewal,
without interest. !
The municipality may disburse funds from time to time fror , the deposit
referred to herein, in order to pay the applicable fees incurted by the
municipality on behalf of the applicant. The Municipality at!any time may
send an itemized invoice advising of any disbursements p~id from the
deposit and requesting replenishment of the deposit to its þriginal amount.
If at any time the deposit monies are reduced to less than fifty (50%)
percent of the required amount as detailed herein or in th~ event that the
applicant fails to pay any itemized invoice within thirty (30)! days as
required by this clause, the municipality shall cease any f~rther processing
of the application until such time as the originally required ~eposit has
been replenished.
3
DATED this
,
~,20_.
,
,
day of
i
THE CORPORAtiON OF THE
MUNICIPALITY <þF
KINCARDINE .
Name of Applicant(s)
Signature of Applicant(s)
Signature of
Building and PI~nning Manager
;4
.
e
e
e
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.-
.-
I
i
NUTRIENT MANAGEMENT BY-LAW NO. 2003 -13~
APPENDIX 'E' ,
N b f
Nt· tU"I F
U "lsG
f M
um er 0 anima s Der u nen nI on arm nI enera Ing anure I
Column 1 , Column 2
Type of Animal(based on highest design capacity of a new barn of the farlm unit at #
one time) , Animals
, per NU
Dairv cow (lame-frame, 1200-1400 Ibs, milking or drv, such as Holsteins) i 0.7
Dairv heifers (lame-frame, 400-1200 Ibs such as Holsteins) , 2.0
Dairv calves lIaroe-frame, 100-400 Ibs, such as Holsteins} ! 6.0
* Dairy cow (large-frame, 1200-1400 Ibs, milking or dry (Holsteins); include, *0.55
calves/heifers) i
Dairy cow (medium-frame, 1000-1200 Ibs, milking or drv, such as GuemseVs) 0.85
Dairy heifers (medium-frame, 325-1000 Ibs, such as Guemsevs) , 2.4
Dairy calves (medium-frame, 85-3251bs, such as Guemsevs) i 7.0
* Dairy cow (medium-frame, 1000-1200 Ibs, milking or dry (Guemseys); inc'udes *0.66
calves/heifers) ,
Dairv cow (small-frame, 800-1000 Ibs, milkino or drv, such as Jerseys) , 1.0
Dairy heifers (small-frame, 275-800 Ibs, such as Jerseys) I 2.9
Dairy calves (small-frame, 65-275Ibs, such as Jersevs) 8.5
*Dairy cow (small-frame, 800-1000 Ibs, milking or dry (such as Jerseys); in~ludes *0.77
calves/heifers :
Beef cows (includes unweaned calf and replacements) i 1.0
Beef shortkeepers (900-1300 Ibs) , 2.0
Beefbackgrounders (575-900 Ibs) 3.0
Beef feeders (575-1250 Ibs) 3.0
SEW (Segregated Earty Weaning) Sows (lactating-aged sows, includes we ners to 3.33
151bs)
SEW Weaners (15-60 Ibs) i 20.0
Sow farrow-wean (lactating-aoed sows, includes weaners to 60 Ibs) , 2.5
Finishing pigs (60-230 Ibs) : 6.0
Horses, large-framed (mature at>1500 Ibs; inc unweaned foal) 0.7
Horses, medium-framed (mature at 500 - 1500 Ibs; inc unweaned foal) 1.0
Horses, small-framed (mature at < 500 Ibs; includes unweaned foal) 2.0
Laving hens (after 2.9 Ibs pullet stage, until end of laving period at about 3. 5lbs) 150
Laver pullets (dav-old pullets placed, raised to 2.9 Ibs) 500
Chicken broilers, floor growing area (total square feet, regardless of quota ycle, or 267 sq.ft
finishing weight) i
Turkey broiler/hen/tom growing space (total square feet, regardless of finis~ing 267 sq.ft
weight) i
Chicken broiler breeder growers (females and males transferred out to laver bam) 300
Chicken broiler breeder lavers (females and males transferred in from rbam) 100
Sheep, breeding-aged ewes (sheep raised for meat production; includes lambs, 8.0
replacements and rams) ,
Feeder lambs, 70 to 1251bs , 20
Sheep, milking-aged ewes (sheep raised for milk production; includes lam~s, 6.0
replacements and rams) i
Goats, milking-aged goats (goats raised for milk production; includes kids, ¡ 8.0
replacements and bucks) i
Milk-fed, or grain-fed veal calves i 6.0
i
NOTE: For animals not listed on the chart above the number of animals p~r nutrient unit can
be calculated by determining: .
I
- the number of animals that will produce the amount of nutrients that give the fertilizer
replacement value of the lower of 43 kilograms of nitrogen or 55 kilograms þf phosphate as
~~ i
- assistance by OMAF staff will be available to complete this calculation
*It should be noted that for 100 Holstein milking and dry cows in a herd onfe same farm unit,
divide by 0.55 cows per Nutrient Unit to obtain 182 Nutrient Units for the e tire herd including
calves and heifers. If housed on separate farm units. do separate calculati ns, using the
individual number of cows, heifers or calves per Nutrient Unit. There could e very slight
discrepancies in the resulting number of NU because of the rounding of nu~bers.