HomeMy WebLinkAbout01 106 nutrient management byla
AMENDED/REPEALED BY AMENDED/REÆALS) BY
BYlAW NO, ;;2øo,;l-/Sõ BYlAW NO. "¡r'O/-I.;!?
DATED tJ-Ioher ~ .:2ð'2 I . DATED &,ro/Su: éN', 0700/
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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AMENDED/REPEALED BY
BYlAW NO. ,)00.2-.7'1'
DATEn ;v4,,,-/... 1<, ~(jO.J..
AMENDED/REPEALED BY
BYlAW NO, ,;;zð03- ~"1,
DATEn /'-Iay 7 <>7001
NO. 2001 - 106
AMENDED/REPEALED BY
BYlAW NO. ~Oo;1- J.1.
DATFn /vtare/"';6 .2.02
BY-LAW
A BY-LAW TO REGULATE LIVESTOCK FACILITIES AND MANURE
MANAGEMENT IN THE MUNICIPALITY OF KINCARDINE
WHEREAS the Council of the Corporation of the Municipality of Kincardine
deems it necessary in the public interest to regulate manure pits and livestock facilities;
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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 Municipality of
Kincardine ENACTS as follows:
SECTION 1.0 - SCOPE
This by-law shall apply to all livestock operations, as defined in section 2.28 of this by-
law, within the limits of the Corporation of the Municipality of Kincardine.
SECTION 2.0 - DEFINITIONS
For the purpose of this by-law the definitions and interpretation given in this section shall
govern:
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2.1 Allricultural Advisorv Committee is a group of 8 or more interested citizens from
the farm community with experience in variety of commodity groups and from the
community-at-large.
2.2 Allricultural Consultant means a person with accreditation in the assessment of
soils, manure and nutrient management. A person having a degree or diploma in
agriculture, or who is certified as a crop consultant or nutrient management consultant
may be considered as an Agricultural Consultant.
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2.3 Al!ricultural use. General means general farming and without limiting the generality
of the foregoing shall include such uses as the general cultivation ofland 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.
2.4 Aericultural Use. Intensive means the raising of livestock and includes livestock
and manure storage facilities, land base and accessory buildings and uses. An intensive
livestock operation, for the purpose of this section is defined as exceeding 150 animal
units.
2.5 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 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.
2.6 Aquifer means a geological formation containing a subterranean reservoir of
groundwater capable of providing economic quantities of water to a well.
2.7 Buildinl! means a structure occupying an area greater than ten square meters
consisting of a wall, roof and floor or any of them, or a structural system serving the
function thereof as defined in the Building Code Act.
2.8 Buildinl! Bv-law means any building by-law within the meaning of the Ontario
Building Code Act, and amended from time to time.
2.9 Buildinll Inspector means the Chief Building Official or other employees of the
Municipality 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
Municipality 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.
2.10 Capacity means what the building is capable of housing as defined in
Appendix "C".
2.11 Code. National Farm Buildinl! (1995) is a set of regulations for the design,
construction, remodelling 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.
2.12 Code. Ontario Buildinll 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.
2.13 Corporation means the Corporation of the Municipality of Kincardine.
2.14 Council means the Council of the Corporation of the Municipality of Kincardine.
2.15 Dike is an earthen embankment or dam surrounding the manure pit and normally composed of material excavated during the construction of the manure pit.
2.16 Drain. Buried means any sub-surface conduit for receiving and or conveying water.
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2.17 Drain. Open means a conveyance for water which is bounded by visible bed and
banks. It may be man made or natural.
2.18 Owellinll means a building, or part thereof, occupied or capable of being occupied
as a home, residence or sleeping place by one or more persons.
2.19 Dwellinll. Farm 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.
2.20 Environmental Farm Plan means a plan to operate an environmentally responsible
farming operation as defined by The Ontario Environmental Farm Program.
2.21 Environmental Hazard Land is an area of land as defined by the municipal
comprehensive zoning by-law.
2.22 Erect 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;
b) 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.
2.23 Existinl! unless otherwise indicated, means existing on the date of passing of this
by-law.
2.24 Flood Plain is the area of a river valley flooded as the result of a regional storm
determined by consultation with S.V.C.A.
2.25 Frontal!e means the width of a lot measured along the street line.
2.26 Grade. Finished means the average elevation of the finished surface of the ground
at ground level of a building or structure.
2.27 Grassed Spillway shall mean a shallow, seeded channel-way to divert flow away
from any watercourse.
2.28 Livestock means fur bearing animals or any other domestic animal used for
consumption. Also, any animal listed in section 2.30 of this by-law.
2.29 Livestock Facilitv means livestock barns where animals or poultry are housed,
including beef feedlots, and the associated manure storage.
2.30 Livestock Unit 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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Factor "A" ( barn odour potential ), and animals per livestock unit ( based on capacity),
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Livestock Unit (Odour Potency)
BEEF 1 Beef Cow (note 1) (barn confinement) 0.7
1 Beef Cow (note I) (barn with yard) 0.8
2 Beef Feeders (barn confinement) 0.7
2 Beef Feeders (barn with yard) 0.8
CHICKEN 125 Caged Layers (manure stored in 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 (notes 1 ,2) (tie-stall) 0.65
1 Milking Cow (notesl,2) (free-stall) 0.7
2 Dairy Heifers (barn confinement) 0.7
2 Dairy Heifers (barn with yard) 0.8
DUCK 100 Ducks 0.7
e 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
SWINE 5 Sows/Boars 1.0
4 Feeder Hogs (30-120 kg) 1.0
e 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 I livestock unit per 450 kg housed at one time (A=0.8).
1 - Includes calfto 150 kg
2 - A dairy/cow-calffarm 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 wieners.
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2.31 Lot 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.
2.32. Lot Line means any boundary of a lot or the vertical projection thereof.
2.33 Manure, Livestock shall mean animal waste principally composed of livestock
faeces and urine, may include some bedding material and some diluted water.
2.34 Manure. Liquid Livestock, livestock manure which has a dry matter content,
equal to or less than 12% by weight.
2.35 Manure Pit, 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.
2.36 Manure Pit. Covered is a manure pit with a roof or covering enclosing the surface
area of the pit and preventing the release of odours and gases from the pit.
2.37 Manure Pit. Open is a manure pit open to the atmosphere with no roof or covering.
2.38 Municipal Drain shall mean a drainage works as defined by The Drainage Act,
R.S.O. 1990 as amended from time to time.
2.39. Municipalitv shall mean The Corporation of the Municipality of Kincardine.
2.40 Non-Complvinl! means a livestock facility and/or manure pit permitted by this by-
law which does not meet the provisions required in this By-law.
2.41 Non-Conforminll means a lawfully existing livestock facility and/or manure pit not
permitted by the By-law.
2.42 Nutrient means any manure, commercial fertilizer, bio-solid, leguminous and/or
other plough down crop.
2.43 Nutrient Manallement Plan. means a report that evaluates the relationship between
the application of nutrients, managing techniques, and land use (see Appendix "A").
2.44 Peer Review Committee shall be a pool of 3 or more interested citizens from
different commodity groups, chosen from the Agricultural Advisory Committee.
2.45 Permitted shall mean permitted by this By-law.
2.46 Person includes any individual, association, partnership, corporation, municipal
corporation, agent or trustee and the heirs, executors or other legal representative of a
person to whom the context can apply according to law.
2.47 Renovation 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.
2.48 Road Allowance shall mean a municipally owned property used as a roadway or
retained as a road right-of-way.
2.49 Site Plan 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.
2.50 TilIalle Acres means total area of land including pasture that can be cultivated.
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2.51 Use 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.
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.
2.52 Watercourse means a natural or man-made channel which carries water and
includes streams, rivers, open drains and lakes, and includes watercourses with
intermittent flow.
2.53 Well 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.
SECTION 3.0 - APPLICATION. ADMINISTRATION AND ENFORCEMENT:
3,1 Application
3.1.1 No person shall erect, alter, replace or use any agricultural or horticultural facility
or part thereof within the limits of the Municipality of Kincardine, unless a permit has
been issued, therefore, by the Building Official.
3.1.2 No person shall use any land, or erect, alter, replace or use any livestock facility or
part thereof within the limits of the Corporation of the Municipality of Kincardine except
in conformity with the provisions of this by-law and with the Municipality's
Comprehensive Zoning By-law.
3,1.3 In addition to all the requirements of the Building By-law, the Ontario Building
Code Act, as amended, and regulations thereto, or any other by-law, every applicant for a
permit for a livestock facility shall file with this application a plan, in duplicate, drawn to
scale, including the following:
3,1.3.1 Dimensions of the lot to be built upon or otherwise used;
3.1.3,2 The proposed type, location, and dimensions of the manure storage facility
proposed for such lot and its distance relative to:
3.1.3 .2.1 the lot lines;
3.1.3.2,2 the adjacent public road;
3.1.3.2.3 the nearest drilled, dug or communal well;
3.1.3.2.4. the nearest watercourse, pond, drainage ditch, lake, river, stream or water body,
including intermittent flows;
3.1.3.2.5 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 re-routed or capped.
3.1.3.2.6 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 II) formula.
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3.1.3.3 The location and dimensions of all existing and any 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. Should any outlying buildings be
considered for use in the future, they would be subject to a Nutrient Management Plan
Amendment;
3.1.3.4 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;
3.1.3.5 Type oflivestock, poultry, or fur-bearing animals existing and proposed on such
lot;
3.1.3,6 Numbers oflivestock, poultry, or fur-bearing animals existing and proposed on
such lot;
3.1.3,7 Type, dimensions, contouring for accidental over-spill of liquid manure, and in
the case of earthen storage cross-section of any excavation required, including the dike.
3.1.3.8 Tillable Acres ofland 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.
3.1.3.9 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.
3.1.4 All facilities housing 5 or more animal units or part thereof, constructed within the
limits of the Corporation of the Municipality of Kincardine, will require an approved
Nutrient Management Plan, and an Environmental Farm Plan as per Appendix "A".
3.2 Administration
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 Municipality of
Kincardine.
3.3 Inspection
3.3.1 Any employee of the Municipality acting under the direction of the Council of the
corporation, or any peace officer having jurisdiction in the Municipality, is hereby
authorized to enter, with prior notification, between the hours of 8 o'clock a.m. and
6 o'clock p.m., on any date but Sunday, upon any property or premises or structure, for
the purpose of discharging his or her duties and obligations under this By-law, or if there
is reason to believe that the provisions of the By-law are not being complied with in
whole or in part. The employee must adhere to the bio-security standards of the
inspected farm operation, and the Agricultural Committee Bio-security Guidelines.
3,3.2 All aspects of construction for manure storage structures, including but not limited
to design, excavation, material quality, construction, and inspections shall be provided by
an Engineer licensed by the Province of Ontario. Engineering costs will be the
responsibility of the facility proponent.
3.4 Issuance of Permit
3.4.1 No building permit shall be issued for a livestock facility and/or manure facility
which does not conform with the provisions of this by-law.
3.4.2 No livestock facility and/or manure facility shall be used until an occupancy permit
has been issued by the Chief Building Official.
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3.4.3 No occupancy permit shall be issued for a livestock facility and/or manure facility
which does not conform with the provisions of this by-law.
3.5 Fees
Fees shall be in accordance with the applicable Fee By-law.
3.6 Violation and Penalties:
Any person who contravenes any of the provisions contained in this By-law shall be
guilty of an offence and upon conviction shall be subject to a fine of not more than five
thousand (5,000,00) dollars as presently prescribed in the Provincial Offences Act R.S.O.
1990, P. 33, as amended, or such additional fine or fines as may be authorized 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 concerning
alleged violations of this by-law. Violations relating to imminent public danger, or those
requiring prompt action due to the short period of the violation occurring will not be
governed by this clause.
3.7.2 All complaints must be in writing, signed by the complainant and accompanied by
cash or certified cheque payable to the Municipality of Kincardine for the amount of
$100.00. Such cheque is returnable if the complaint is deemed by the Agricultural
Advisory Committee to have substance or merit. All complaints should be addressed to
the municipal clerk who will contact the Agricultural Advisory Committee.
3.8 Violations
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.
3.9 Remedies
In case any building or structure is to be erected, altered, reconstructed, replaced,
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.
3.10 Repeals
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.
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SECTION 4.0 - INTERPRETATIONS:
4.1 For the purposes, of this by-law, the definitions and interpretations given herein shall
govern.
4.2 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:
5.1 Application of Other By-laws, Regulations, Legislation
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, the Municipal Comprehensive
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.
5,2 Non-complying livestock manure pits and/or livestock facilities of a type
permitted by this by-law:
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, 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;
5.2.2 The development, new construction or expansion of any earthen facility for use as a
livestock manure pit is not permitted within the provisions of this by-law;
5.2.3. All other applicable provisions of this by-law, the Municipality Comprehensive
Zoning By-law and any other applicable legislation are complied with.
5.3 Non-conforming Livestock Manure Pits and/or Livestock Facilities of a type not
permitted by this by-law:
Where a liquid livestock manure pit and or livestockfaciliJy 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;
5.3 ,2 The development, new construction or the expansion of any earthen facility for use
as a liquid livestock manure pit is not permitted within the provisions of this by-law.
5.3.3 All other applicable provisions of this by-law and the Comprehensive Zoning By-
law are to be complied with.
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5.3.4 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, is permitted provided
that:
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.
5.3.5 Where a livestock manure pit has been destroyed to the extent of more than 50
percent (50%) of its value, as determined by the building inspector or Chief Building
Official, at the date of damage and which does not conform with the requirements of the
by-law, it shall not be restored.
5.4 Nutrient Management Plan:
A Nutrient Management Plan and Environmental Farm Plan shall be completed prior to
the issuance of a building permit:
5.4.1 For a new liquid or dry manure system and/or livestock facility to serve a livestock
operation with the capacity of 5 or more animal units, or
5.4.2, For the expansion ofa liquid or dry manure system and/or livestock facility to
serve a livestock operation with the capacity of 5 or more animal 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 Nutrient Management Plans must be renewed every 3 years under normal
continuous ownership. If a change of ownership occurs, the Nutrient Management Plan
must be renewed before closing, to the standards in effect at the time of renewal.
5.4.5 Changes in farm practices, lease arrangements or any other change that would affect
the conditions of the Nutrient Management Plan must be reported to the Municipality
within 2 weeks and corrections to the plan submitted within 8 weeks.
5.4.6 All operations housing 5 or more animal units are required to follow the Nutrient
Management Plan and Environmental Farm Plan processes and prepare the necessary
Plans.
5.5 Separation Distances:
Separation distances for the establishment of livestock buildings and liquid manure
storage facilities shall be in accordance with the Provincial and Municipal Minimum
Distance Separation II (MDS II) formula, and the Municipal Comprehensive Zoning By-
law, as determined by the greater of the proposed livestock units, or the maximum
livestock capacity of the building or structure. This clause also applies to structures
capable of but not immediately used for housing livestock.
5.6 Maintenance:
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 manure and
maintained in a condition which they will not become a hazard to the public.
5.6, I All intensive livestock operations under the provisions of this by-law are subject to
a monitoring plan, as follows:
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5.6.2 Samples of water from all wells, within the one hundred acre properties adjacent to
and at the diagonal to the subject property on which the facility will be built and on any
property on which the manure will be spread, will be collected and tested at the expense
of the applicant, by a qualified third party, on a 3 year basis, for E-coli, total coliform and
nitrates. Specifically subject wells will be tested prior to operations commencing and on
the third year anniversary, prior to the nutrient management plan review. Data collected
from this process will be provided to the Municipality of Kincardine, the Agricultural
Advisory Committee and the well owners, and be used to support a Nutrient Management
Plan review and update.
5.6.3 All perimeter monitoring tile drains will be subject to inspection by a third party at
the expense of the applicant, and approved by the Municipality of Kincardine, twice per
year, (usually spring and fall). This data will be compiled and used to support the
Agricultural Advisory Committee's decision for Nutrient Management Plan reviews.
5.7 Land Base:
A tillable land base for spreading manure shall be maintained as determined by the
Nutrient Management Plan, subject to the following:
5.7.1 For intensive farming operations, a minimum of twenty five percent (25%) of the
property shall be owned. 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.
5.7,2 All leases for land intended for the spreading of manure:
5.7,2, I Shall have a minimum term of three years.
5.7.2.2 Shall be registered on the land title for the duration of the lease.
5.7.2.3 Shall be in the format described in Appendix "B". A copy of the registered lease,
with registration details, must be supplied to the Municipal Clerk,
5.7.3 A proposed nutrient management plan will use no more than 80% of the allocated
land for manure application in any given year.
5.7.4 Manure may be sold or given away providing that an approved amendment to the
Nutrient Management Plan, which includes the recipient property or destination is
completed. If the destination is processing for commercial sale, then a chain of custody
must be provided to ensure that the manure arrives at its intended location.
5.8 Spreading and Disposal
5.8.1 All lands to be used for spreading of manure are to be within a ten km. radius of the
site where the manure originated. The measurement will be taken from the centre of the
manure storage facility described in the nutrient management plan. All tillable acres of
any parcel of land contained in whole or in part within the 10 km. radius may be used for
spreading purposes.
5.8.2 All lands to be used for spreading of manure shall be included in the Nutrient
Management Plan.
5.8.3 All liquid manure applied within 125 metres or 410 feet of any built up area, or
building used for a, residence, institution, commercial purposes, industrial purposes, or
recreational facility, must be incorporated, into the soil, within 24 hours.
5.8.4 All haulage routes for the spreading of manure off-site shall be provided and
adhered to. Weight restrictions for roads under the jurisdiction of the Municipality Of
Kincardine shall apply.
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5,8.5 Spreading of manure on frozen or snow covered ground will not be permitted.
5.8.6 All tiled land used for the application of liquid manure shall be restricted to a
maximum of 2000 gallons per acre, per application, Applications must be at least twenty
four hours apart. Total manure applied may not exceed that approved in the Nutrient
Management Plan.
5.8.7 Emergency exemptions for spreading are permitted by this by-law under approval
of the Agricultural Advisory Committee.
5.9 New Technology
The use of new technology is permitted when conclusive supporting scientific evidence
can be provided and that the use of the new technology 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 negate other provisions of this by-law.
5.10 Condition of Approval
Upon completion of each of the above conditions, the Peer Review Committee shall
review each piece of information and obtain the necessary third party and expert opinions
to enable the committee to make informed decisions, Depending upon the application, the
review process may be very lengthy. The Peer Review Committee has the right to accept
or refuse an application.
5 .11 Watercourse Protection
5,11,1 Beginning January 1,2003 all livestock must be prevented from entering
watercourses. Livestock crossings will be exempt from this clause.
SECTION 6.0 - PROVISIONS FOR NEW MANURE STORAGE STRUCTURES:
No livestock manure storage structure shall hereafter be constructed or altered except in
accordance with, the following provisions:
6.1 Construction Standard:
6,1.1 All liquid manure storage tanks shall be covered with an approved material and
approved by the Chief Building Official. 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 the tank. If the cover provides the
suitable odour containment but not access prevention, then an approved fence must also
be installed as per the fencing regulations described in this by-law. The cover must be
maintained in a condition that will meet the original design specifications.
6.1.2 If suitable odour elimination equipment or processes are in place, the odour
prevention cover may be deleted upon the approval of the Chief Building Official and the
Agricultural Advisory Committee. A suitable fence must be installed as per the fencing
regulations described in this by-law.
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6,1.3 All intensive livestock housing structures and manure storage structures for liquid
manure will have a perimeter foundation drainage system located, at the outside base of
the foundation, with an adequate slope and appropriate monitoring welles). If soil
conditions are identified, as being inadequate to transfer potential leaks from beneath the
structures to the perimeter drains, then an appropriate under floor drainage system
connecting to the perimeter monitoring drainage system will be required. All aspects of
construction for these two systems, including but not limited to design, excavation,
material quality, construction, and inspections shall be provided by an Engineer licensed
by the Province of Ontario. Engineering costs will be the responsibility of the facility
proponent.
6.1.4 Ensure that field drains within 15m. (50ft.) are effectively cut off and redirected
away from structures. Older, abandoned tile drains may exist and must also be
eliminated. On all farms, it will be necessary to trench around the entire building site to
ensure that all drains have been discovered. Some drains are quite deep, so the perimeter
trench should be at least 5ft. deep. An inspection of the open trench by the building
inspector is required before the trench may be refilled.
6.1.5 All wells abandoned, ancient or exposed due to construction, within 100 meters of a
liquid livestock storage facility, or in fields used for spreading liquid manure, must be
sealed through a process approved by an engineer licensed by the Province of Ontario
and the Ministry Of The Environment.
6.1.6 All liquid manure storage structures shall be designed, by use of site location and/or
dikes etc. to safely capture all possible spilled liquid manure, in the event of a failure of
the above ground portion of the structure. Drains in dikes are not acceptable. All captured
rain water is to be pumped out.
6.1.7 All solid manure storage practices must meet or exceed the recommendations
defined in the OMAFRA "Best Management Practices, Livestock and Poultry Waste
Management" guidelines, unless otherwise approved by the Agricultural Advisory
Committee.
6.2 Minimum Separation Distances and Location:
6.2.1 All livestock facilities shall be located in accordance with the Provincial and
Municipal Minimum Distance Separation II (MDS II) formula. The total animal units of
all livestock facilities built or expanded upon within a five year period must be combined
to set the MDS II standards. A declaration of intent is included in the Municipality of
Kincardine, Nutrient Management Kit.
6.3 Prohibited Areas:
6.3.1 All livestock facilities are prohibited in any flood plain or Environmental Hazard
lands,
6.4 Storage Capacity:
Storage capacity (total combined in-barn and tank) shall be for a minimum of
365 days and shall not exceed 1000 days.
6.5 Fencing
6.5.1 All existing liquid manure storage structures must have approved fencing. Those
structures with approved "hardened" covers, or walls higher than 1.5 metres and not
posing a safety hazard would be exempt from this requirement.
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6.5.2 Approved fencing shall consist of a continuous woven wire fence of a minimum 12
gauge and a maximum hole size of 4 cm. ( 1.5 inches ), 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
structure or grade and extend to a height of 1.5 metres.
6,5.3 Liquid manure storage structures with covers that are designed for odour
suppression but not for prevention of access by people or animals require a fence.
Approved fencing shall consist of a continuous woven wire fence of a minimum 12 gauge
and a maximum hole size of 4 cm. ( 1.5 inches ), 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. This fence is to be built within 2.5 meters ( 8 feet) of the
outside perimeter of the storage structure. The fence must be anchored in such a way that
a child could not gain access by lifting the fence or sliding under it.
SECTION 7.0 - PROVISIONS FOR EARTHEN MANURE STORAGE:
Under the provision of this by-law earthen liquid livestock manure storage facilities may
be constructed, replaced or enlarged for facilities of 150 animals units or less. No
existing earthen liquid livestock manure storage facility shall be altered except in
accordance with the following provisions and an engineers report must be submitted
before a permit for repair, remediation, or mitigation is issued. Earthen liquid livestock
manure storage facilities found not to be compliant with this by-law, even after
remediation measures have been performed, will be deemed a hazard to the environment
and shut down. Costs incurred through professional engineering fees etc. shall be the
responsibility of the operation owner.
7.1 Soil And Water Table:
7.1.1 Earthen manure storage shall be constructed with a minimum thickness of 10
metres of natural material, at a hydraulic conductivity no greater than lxl0-8m/sec below
the bottom of the storage and above the upper most identifiable groundwater source
capable of transmitting contaminants beyond the farm boundary or equivalent competent
material,
or
7.1.2 Earthen manure storage shall be constructed with a clay liner 1.0 m. thick, at a
hydraulic conductivity of Ix1O-9m/sec and 3 metres of natural material at a hydraulic
conductivity no greater than Ix1O-lOm/sec., below the bottom of the storage and above the
upper most identified ground water source capable to transmitting contaminants beyond
the farm boundary, or a material that provides equivalent or greater protection than in
7.1.1, 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;
7.2 Maximum Side Slopes Including Dike
7.2.1 Sandy loams 3:1
7.2.2 Stable clays, clay loams & silt loams 2:1
7.3 Minimum Dike Top Width
7.3.1 for stable soils - 5 m
7.3.2 for unstable soils - 10 m
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7,4 Surface Water Diversion
7.4.1 To exclude surface water from storage, diversion ditches and/or dikes will be
required.
7.4.2 Earthen storage built to standard may be required to control surface water run-off.
7.5 Fencing
7.5.1 All existing liquid manure storage structures must have approved fencing. Those
structures with approved "hardened" covers, or walls higher than 1.5metres and not
posing a safety hazard would be exempt from this requirement.
7.5.2 Approved fencing shall consist ofa continuous woven wire fence ofa minimum 12
gauge and a maximum hole size of 4 cm. ( 1.5 inches ), 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
structure or grade and extend to a height of 1.5 metres.
7.5.3 Liquid manure storage structures with covers that are designed for odour
suppression but not for prevention of access by people or animals require a fence.
Approved fencing shall consist of a continuous woven wire fence of a minimum 12 gauge
and a maximum hole size of 4 cm. ( 1.5 inches), 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. This fence is to be built within 2.5 meters (8 feet) of the
outside perimeter of the storage structure. The fence must be anchored in such a way that
a child could not gain access by lifting the fence or sliding under it.
SECTION 8.0 - BY-LAW REVIEW:
This by-law will be reviewed after one year and every three years or sooner as required
thereafter, and prior to the Agricultural Advisory Committee changing more than 50% of
its members.
SECTION 9.0
Repeal Existing By-Laws
Btlaw No. 1999-73 for the Township of Kincardine-Bruce-Tiverton passed on the
7t day of July 1999, 1999-102 for the Township of Kincardine-Bruce- Tiverton passed on
the 25th day of August 1999 and 1999-112 for the Township of Kincardine-Bruce-
Tiverton passed on the 22"d day of September 1999 and all of their amendments be
hereby repealed.
SECTION 10.0
This By-law shall come into full force and effect on its final passing.
This By-law may be cited as the "Nutrient Management, By-law".
READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED this
29th day of August 2001.
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001 - 106
APPENDIX 'A'
Page 1 00
Forming part of By-law 200 I-I 06 covering Application, Administration, Enforcement
and Frequency of Renewal.
I.Application
A nutrient management plan and/or Environmental Farm Plan shall be completed by or
for any person applying for a Building Permit to construct, replace or enlarge any
livestock structure or manure storage facility,
1.1) 5 to 150 animal units: a Nutrient Management Plan and an Environmental Farm
Plan are required before a permit can be issued for any new or expanded livestock
facility. This Nutrient Management Plan may be completed by the farmer applying for
the building permit ifhe or she has had the appropriate OMAFRA training to complete
the plan. A third party verification of the plan content is required. The third party shall be
any adult qualified to corroborate the details of the plan and attest to their accuracy.
1.2) 151 or more animal units: a Nutrient Management Plan, verified by a third party
who is a certified agricultural consultant, and an Environmental Farm Plan are required.
2. A Nutrient Management Plan shall include but not be limited to the following:
2.1 In addition to all the requirements of the Building By-law, the Ontario Building Code
Act, as amended, and regulations thereto, or any other by-law, every applicant for a
permit for a livestock facility shall file with this application a plan, in duplicate, drawn to
scale, including the following:
2.1.1 Dimensions of the lot to be built upon or otherwise used;
2.1.2 The proposed type, location, and dimensions of the manure storage facility
proposed for such lot and its distance relative to:
2.1.2.1 The lot lines;
2.1.2.2. the adjacent public road;
2.1.2.3 the nearest drilled, dug or communal well;
2,1.2.4. the nearest watercourse, pond,. drainage ditch, lake, river, stream or water body,
including intermittent flows;
2.1.2,5 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 re-routed or capped.
2.1.2,6 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 11 (MDS 11) formula.
2.1.3 The location and dimensions of all existing and any 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. Should any outlying buildings be
considered for use in the future, they would be subject to a Nutrient Management Plan
Amendment;
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001 - 106
APPENDIX 'A'
Page 2 of 3
2.1.4 The location of all existing and proposed buildings or structures that have locations
that fall within the Provincial and Municipal Minimum Distance Separation II (MDS II)
formula of the proposed building, structure or use and the separation distances to, and
existing use of those buildings and structures;
2.1.5 Type of livestock, poultry, or fur-bearing animals existing and proposed on such
lot;
2.1.6 Numbers of livestock, poultry, or fur-bearing animals existing and proposed on
such lot;
2.1.7 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.
2.1.8 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.
2.1.9 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.
2.1.1 0 Submit proof of adequate water supply, source of the water required on daily
basis, and a backup supply.
2.1.11 Submit proof of a minimum of $500,000. (five hundred thousand dollars)
environmental liability insurance.
2.1.12 Provide tap water sample prior to construction.
2.1.13 Identify previous years' nutrients.
2.1.14 Record of how and when applied.
2.1.15 Identify environmental risks, i.e., open creek/ditch; Municipal Drain/Drains.
2.1.16 Identify non-owned land available for spreading, if applicable.
. 2.1.17 Calibration of nutrient application equipment.
2.1.18 All aspects of the OMAFRA Nutrient Management Workbook for non intensive
operations or OMAFRA's current Nutrient Management Plan computer program.
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001 - 106
APPENDIX 'A'
Page 3 of 3
3. Enforcement
3.1 All complaints must be in writing, signed by the complainant and accompanied by
cash or certified cheque payable to the Municipality of Kincardine for the amount of
$100.00. Such cheque is returnable if the complaint is deemed by the Agricultural
Advisory Committee to have substance or merit. All complaints should be addressed to
the municipal clerk who will contact the Agricultural Advisory Committee.
3.2 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.
4. Frequency
4.1 Nutrient Management Plans will be renewed every three years under normal,
continuous ownership. If a change of ownership occurs, the Nutrient Management Plan
must be renewed before closing, to the standards in effect at the time of renewal.
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Nutrient Management By-law No. 2001-106
APPENDIX "B"
NUTRIENT MANAGEMENT LAND USE AGREEMENT
made this day of
BETWEEN:
(Hereinafter called the "Land Owner")
and-
(Hereinafter called the "Livestock Fanner")
RECITALS
A, The land owner is the registered owner of the lands located at
and more
particularly described in the legal description attached as a schedule to this agreement and are
hereafter referred to as the lands.
B. The livestock farmer is the owner of an intensive livestock facility, located at
which produces large volumes of liquid manure, and which is hereafter referred to as the
livestock facility.
C. The livestock facility is located within the Corporation ofthe Municipality of Kincardine,
(hereinafter referred to as the municipality) which has enacted a nutrient management by-law
which requires among other things an agreement for 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 use of the lands described
in the schedule attached for the purpose of disposing manure produced from the livestock facility
owned by the livestock farmer.
2. This agreement for the use of the lands shall begin the _ day of and
shall run for an uninterrupted tenn ofthree years from the said date at which time it shall
automatically tenninate unless extended by further agreement.
3, This agreement shall not be tenninated by the land owner or the livestock farmer during
the tenn of the agreement without first obtaining the consent in writing of the municipality.
4. The livestock farmer agrees to dispose of the manure on the lands, in accordance with the
tenns and conditions of the manure disposition schedule attached to and fonning part of this
agreement.
5, The livestock farmer agrees to abide by and to follow all tenns and conditions of the
nutrient management plan approved by the municipality.
6. The livestock farmer agrees to carry at all times throughout the tenn of this agreement,
sufficient liability insurance to fully identify the land owner from all costs incurred or arising
from the disposition of manure on the lands including clean up costs arising from any spill or
other environmental damage, pursuant to this agreement and further agrees to indemnify the land
owner for such damages, costs and claims arising from the use of the lands pursuant to the tenns
of this agreement including claims from third parties.
Date:
THE LAND OWNER
Date:
THE LIVESTOCK FARMER
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO, 2001-106
APPENDIX 'c'
Page 1 of2
Animal Animal type Barn Ff of Building Example for
Type Size Styles Per Animal Calculating
Pen Sizes Housed How Manv Fit
Riding 900-1400 Ibs in Hay upstairs in two 325 ft'lhorse of downstairs 6 horses @ 325 ft' in
Horses 125 ft' pens storey barn 24' to 40' floor area, including alleys 36'x56' one-storey;
wide, or hay stored (hay elsewhere) includes tack add feed
elsewhere with horses in rooms
one storv 24' to 40' wide
Tie-Stall 1200-1600 Ibs in Hay upstairs in two 115 ft'/milk cow of 46 milk cows
Dairy 30 ft' tie stalls; total storey barn 36' to 48' downstairs floor area @1l5ft'in
Cows herd size is 1.5 x wide, or hay stored including maternity pens 40' x 128' one-storey;
milk cows elsewhere with horses in and alleys calves and heifers
one storey 36' to 48' elsewhere
wide
Free-Stall 1200-1600 Ibs in One storey, very high & 115 ft'/milk cow floor area 100 milk cows
Dairy 30 ft' tree stalls; wide building, feed includes maternity pens, & @1l5ft'in
Cows total herd size is 1.5 alley, alleys between alleys, but not holding & 92' x 125', calves and
x milk cows stalls; 10% more cows parlour heifers elsewhere
than stalls, as they don't
all lie at once
Beef 1000-1200 Ibs and Old bank barns 40 ft'lbeef cow, including 60 beef cows
Cow-Calf housed mainly at converted for calf, for bedded shed area @40ft'in
calving indoor/outdoor use 40' x 60' old bank
barn
Beef Finished to 850- Bedded manure pack 50 ft'/feeder on bedded pack 160 feeders
Feeders 1100 Ibs; 175 days with feed/manure alleys, with feed/manure alleys, or @50ft'in70x 115
fed; start @ 350 Ibs or totally slatted floor 20 ft' on total slats, or 45 ft' bedded-pack, drive-
barn, or feedlots with for feedlot & barn access through barn
barn access
Sheep Ewes 150 Ibs with Need little housing, ewes IS ft'/pregnant ewe and 100 sheep & 150
(similar feeder lambs up to inside for lambing, 6 ft'/feeder lamb feeders in
space need 100lbs feeder lambs in pens, 30' x 80' open tront;
for goats) barns open for outside outside access
access
Swine Sows, boars, One storey barn with or 100 ft'/sow 150 sows f-f
Farrow to weaners, finishing, without manure under @ 110ft' in2 barns
Finish pigs to market; at barn or outside liquid 42' x 204'
least 20 pigs storage; usually two or & 36' x 180' + feed
finished per three barns room, entry areas
sow/year
Swine Sows, boars, One storey barns, with or 60 ft'/sow 150 sows f-w
Farrow to weaners to 10 weeks without manure under @60ft'in
Weaning barn or outside liquid 42' x 204' barn
storage
Swine Sows, boars, SEW is an acronym for 40 ft'/sow (includes 150 sows, farrow only
SEW weaners; sold 2-3 ~egregated garly breeding and gestations @ 40 ft'/sow in
Farrowing wks of age Weaning a new method areas) 40' x 150' barn
(5-8 kg) used for reducing disease
concerns
Swine Weaners raised trom SEW is an acronym for 4 ft'/weaner 2000 weaners
SEW 2 to 9 wks (5-30 kg) ~egregated Earl @4ft'
Nursery Weaning weaners on
separate farm
Swine Pigs raised from 9 to One storey barn, with 10 ft'/finishing pig 1000 finishers
Finishing 25 wk (30-107 kg) liquid manure stored @ lOft'in
under barn for at least 8 50' x 200' barn
months
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NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001-106
APPENDIX 'C'
Page 2 012
Animal Animal type Barn Ft' of Building Example for
Type Size Styles Per Animal Calculating
Pen Sizes Housed How Many Fit
Broiler Chickens day-old One, two or three storey 0.7 ft"/small birds 5 weeks 28,000 small birds @
Chickens to many weights; barns, floor housed on 2" to 1.7 kg; 1.0 ff/roasterto 0.7 ff in
small 1.7 kg to shavings, sawdust or 2.3 kg; 1.3 ff to 3.5 kg 40' x 250' x 2 storey
roaster 3,5 kg straw; hosed 5-8 weeks barn, for each crop
depending on market
Pullets; Chickens &om day- Mainly 2 storey; birds Space requirement changes 10,000 pullets
Floor- old to 20 weeks & floor housed on 2" of dependi~ on bird age, but @ 2 ff in 40 x 250 x 2
Raised future egg- layers shavings, sawdust or use 2.0 Ipullet storey barn
straw
Pullets Chickens &om One storey barn with 0.15-0.3 ft'/pullet depending 20,000 pullets
Cage- day-old to 20 many cage on cage system @ 0,27 ft' in
Raised weeks & future configurations and deck 40' x 135' barn with a
egg-layers levels which can vary standard 3 deck
barn density dramatically
Broiler Hens laying eggs Mainly I storey; birds 1,5 ft"lbreeder on partial 6600 breeders
Breeder for hatching into nonnally housed on 1/3 slanted barn, 3.0 ft'lbreeder @ 1.5 ft' in 40' x 250'
Chickens chicks litter, 2/3 slanted area; if housed on litter x I storey with partial
housed for 335 days slats
Laying Hens . Hens laying eggs One storey or high-rise 0.21-0.56 ft'/layer 20,000 layers
in Cages for human barns; many depending on cage system @ 0.5 ff in 40' x 250'
consumption configurations for cages x 1 storey; standard 4
& deck levels which deck
varies bird density
Broiler Turkeys day-old to One storey barn, floor 2.0 ~/roaster raised to 8 kg; 5,000 roaster
Turkeys many weights; housed on 2" of 4.0 fflbeavy roaster raised @ 2.0 ft' in 40' x 250'
(Roasters) roasters 8 kg; shavings, sawdust or to 15 kg x I storey for each
heavy roasters straw; housed 12-18 crop
15 kg weeks depending on
market needs
Breeder Turkey hens laying One storey barn, floor 4 ft'/turkey hen; 6 ft"/turkey 2,500 breeder turkeys
Turkeys eggs for hatching housed on 2" of tom @4 ft' In40' x250' x
into chicks shavings, sawdust or I storey barn
straw