Agriculture, Intensive
A. Setbacks.
All agricultural, intensives uses shall be located:
(1) A minimum of 300 ft. from any existing dwelling unit in an A-1, Agricultural Preservation, or A2, Agricultural Residential zoning district.
(2) A minimum of 1,000 ft. from any residential zoning district.
(3) A minimum of 250 ft. from all property lines.
(4) A minimum of 1,000 ft. from the following:
a. Boundaries of any parcel containing an educational facility, or County owned building;
b. Boundaries of any public well or public spring;
c. Boundaries of any public water and/or sewer service areas;
d. Boundaries of any creek, river, stream, or other waterway;
e. Boundaries of the shoreline of Smith Mountain Lake.
(5) Lagoons and Land Application of Manure. Any land application of manure, wastewater, or nutrient of any nature from a lagoon type treatment facility shall comply with setback requirements in Section 62.1- 44.17.1 of the State Water Control Law, 1994 and the General Permit Regulation VR 680-14-01, regulatory citation 9 VAC 25-192.
B. Permits and Plans.
(1) Site Development Plans.
Prior to issuance of a building permit, all intensive agriculture uses shall submit a Site Development Plan in accordance with Article 3, Permits and Applications, of this Ordinance.
(2) Nutrient Management Plans.
All intensive agriculture uses shall submit an approved Nutrient Management Plan and any required federal and state permits prior to the issuance of any building or Zoning Permits for the use.
a. After the effective date of this Ordinance, no intensive agriculture facility shall commence operation until a Nutrient Management Plan has been reviewed and approved by the Virginia Department of Conservation and Recreation or by the Virginia Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner.
b. If off-site disposal is part of the Nutrient Management Plan, the operator shall provide, as part of that Nutrient Management Plan, written documentation of an agreement with the receiver of the wastes produced at the operator’s facility or a notarized affidavit, that states the operator’s intention to dispose of the waste through sale in retail establishments or otherwise marketing to consumers.
i. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes.
ii. A Nutrient Management Plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party.
iii. The operator shall notify the Administrator whenever such an agreement is terminated before its stated expiration date within 15 days of such termination.
c. The facility shall also provide for a site, with or without a permanent structure, for the storage of animal waste if required by the Commonwealth of Virginia and meet all applicable standards. i. Notwithstanding the above, if an operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, then the Administrator, after consultation with the operator’s engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this Section, the Administrator may permit the storage site be located on a parcel specified in the agreement for offsite disposal.
d. The Nutrient Management Plan shall be reviewed and updated every 5 years by an agent of the Virginia Department of Conservation and Recreation, the Virginia Cooperative Extension Service, or by a person certified or employed by the Commonwealth as a nutrient management planner.
(3) Certified Plat.
The owner or operator of an intensive agriculture use constructed or completed after the effective date of this Ordinance shall file with the Administrator a certified plat, which shall include the following:
a. The entire parcels on which the intensive agriculture facility is located; and
b. The location of the intensive agriculture facility within the parcel or parcels.
c. The owner or operator shall also include a written statement, sworn to and subscribed before a notary public, certifying to the Administrator that the intensive agriculture facility shown on the plat meets all applicable setback requirements of this Ordinance.
C. Disposal of Dead Animals.
(1) The owner or operator, or any employee of an intensive agriculture use, shall only dispose of dead animals by the following methods:
a. An on-site composting facility;
b. An off-site rendering facility;
c. An on-site incineration facility; or
d. Disposal in an approved Subtitle D landfill.
e. Open pit disposal is expressly prohibited.
f. No owner or operator, or any employee of an intensive agriculture use, shall dispose of dead animals in a public or private road, or knowingly leave a dead animal unburied upon the property.