The development of intensive livestock, dairy and poultry facilities are permitted within any established agricultural district, A-1, subject to the provisions of this ordinance and compliance with the requirements of this article, and subject to other applicable federal, state, and local ordinances and regulations.

(Ord. of 11-19-1997)

Best management practices. An approved practice or combination of practices, that is determined by a state and/or area-wide planning agency to be the most effective, practicable means of preventing pollution, or reducing pollution to a level compatible with water quality goals. Such agencies shall include the department of conservation and recreation, natural resource conservation service, the Lake Country Soil and Water Conservation District, the department of environmental quality, and the County of Brunswick. Such best management practices shall include, although not exclusively, using appropriate spreading schedules to avoid manure runoff and wind drift, spreading on planted fields, and conducting proper soils and manure tests and spreader calibrations.

Buffer. A strip of land located so that it separates and protects one type of use from another which shall, through the use of existing natural vegetation and additional plantings, completely blocks the view of the animal confinement facilities from public roads and any existing dwellings located on properties adjoining an animal confinement building.

Existing dwelling. For the purpose of this article either of the following shall constitute an existing dwelling:

(a)

A structure, designed for residential use, which is occupied on the date a completed zoning permit application and site development plan for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator; or

(b)

A structure, designed for residential use, which is not occupied on the date a completed zoning permit application and site development plan is received, but which has been issued a certificate of occupancy or which has been occupied for any period of time within the five years immediately preceding the date on which a completed application for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator.

Existing livestock, dairy, poultry facility. For the purpose of determining residential setbacks in the agricultural district, A-1, under this article, a livestock, dairy or poultry facility which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry facility for any period of time within the five years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.

Intensive dairy facility (hereafter, "dairy facility"). A dairy with accessory uses or structures including feed storage bins, litter storage sites, manure storage sites, manure disposal pits, waste lagoons, which at any one time has 200 dairy cows that are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. This definition shall include feed lots, but shall not be meant to include grazed or pastured animals.

Intensive livestock facility (hereafter, "livestock facility"). Any facility utilized for the confinement of 300 head of cattle or more, 750 head of swine or more, 150 horses or more, or 3,000 sheep or more, which animals shall be so maintained for 45 days, or more, in any 12-month period; or, any waste lagoon serving any such confinement facility; or, any land area utilized for the surface application of waste generated at such confinement facility; or, any manure storage site or containment facility; or, any incinerator utilized for disposition of waste generated at any such confinement facility; or, any combination of two or more of the foregoing structures, facilities, or open areas. This definition shall include feed lots, but shall not be meant to include grazed or pastured animals. In no case shall a facility as defined herein exceed a cumulative total of 5,000 animals.

Intensive poultry facility (hereafter, "poultry facility"). A poultry house with accessory uses or structures including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for the collection of dead birds which at any one time has 30,000 chickens or 16,500 turkeys that are or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. This definition shall include feed lots, but shall not be meant to include grazed or pastured animals.

Livestock raiser, dairy operator, poultry grower. The owner of the livestock facility, dairy or poultry facility or the land on which the facility or dairy is located.

Parcel. A measured portion of land separated from other portions of land by a metes and bounds description or described as a separate, discrete tract in an instrument of conveyance or devise and recorded in the office of the Clerk of Circuit Court of Brunswick County.

Swine. Any of several omnivorous mammals with a bristly coat and elongated, flexible snout, the domesticated pig or hog. For the purpose of this article, swine shall include, although not exclusively, hogs, feeder pigs, piglets, and sows.

Water impoundment. This phrase shall include those potential water sources identified on a study entitled "Water and Sewer Study for Brunswick County, Virginia," prepared by B & B Consultants and dated June 1997, which include, although not exclusively, the Great Creek Watershed impoundment, the Ft. Pickett Reservoir, Virginia Power Lake Gaston, the Meherrin River upstream from Christanna Highway (aka: Route 46), the Brunswick County Pond, and the Nottoway River (upstream from Interstate 85).

(Ord. of 11-19-1997)

(A)

Livestock and dairy facilities. If more than one parcel shall constitute a part of the intensive facility, all such parcels shall be contiguous. The minimum size of the parcel, or contiguous parcels, on which an intensive livestock facility or intensive dairy facility may be placed shall be the greater of the following: the number of acres required to satisfy all applicable setbacks; the number of acres required to comply with the approved nutrient management plan.

(B)

Existing intensive facilities nonconforming. Parcels with livestock or dairy facilities in operation as of December 1, 1992, which do not have sufficient acres, as required above, shall be considered nonconforming existing uses and may continue so long as the operation is not abandoned for as long as two years continuously and there is no increase in the size or number of livestock or dairy herd kept on the parcel at any one time and there is no diminution in the size of the parcel of land containing the intensive livestock or dairy facility.

(C)

Poultry facilities. The minimum size of the parcel or contiguous parcels on which an initial poultry facility may be placed shall be 15 acres or greater as required by the approved nutrient management plan for the facility and the meeting of all other requirements pursuant to this article. Parcels with poultry facilities in operation as of December 1, 1992, which do not have sufficient acres, as required above, are deemed to be nonconforming uses and may continue in operation as long as there is no increase in the number and size of the poultry houses and there is no diminution in the size of the parcel of land.

(Ord. of 11-19-1997)

No intensive livestock facility, dairy, or poultry facility permitted under this article shall continue in operation if, after meeting the requirements for obtaining an intensive livestock, dairy, or poultry facility zoning permit, land is divided from the parcel or parcels on which the intensive livestock, dairy, or poultry facility is located such that the setback requirements or acreage requirements no longer conform to this ordinance.

(Ord. of 11-19-1997)

(A)

All intensive livestock and dairy facilities shall have a minimum setback distance of 4,500 feet from all existing dwellings not owned by the grower.

(B)

If after approval from the zoning administrator it is discovered that the applicant did not disclose the existence of a dwelling located fewer than 4,500 feet from the proposed facility then such approval shall become void retroactively to the date such approval was issued and the operation of the facility shall cease immediately upon receipt of such written notification from the zoning administrator.

(C)

All poultry facilities shall have a minimum setback distance of 400 feet from all existing dwellings not owned by the grower.

(Ord. of 11-19-1997)

(A)

The setback for all intensive livestock and dairy facilities from property lines and public roadways shall be at least 1,500 feet.

(B)

The setback for all poultry facilities from property lines and public roadways shall be at least 200 feet.

(Ord. of 11-19-1997)

(A)

All intensive livestock, dairy or poultry facilities shall be set back at least one mile (5,280 feet) from platted residential subdivisions; mobile home parks; churches; and wells, springs and other water intakes utilized as domestic or potable water sources. Where setbacks are established in section 17-6, the more restrictive setback regulations of the two sections shall apply.

(B)

All intensive livestock, dairy or poultry facilities shall be set back at least 4,500 feet from incorporated towns; residential, business and industrial zoning districts; public and private schools; colleges; county, town and community owned recreation areas, airports, and any other such town, county, and community owned buildings and properties.

(C)

All intensive livestock, dairy or poultry facilities shall be set back at least one mile (5,280 feet) from other intensive livestock, dairy or poultry facilities.

(D)

Any land area sprayed with waste from an intensive livestock facility shall be located a minimum of 1,000 feet from any existing dwellings, wells, springs, and water intakes, a minimum of 500 feet from the property boundaries, and a minimum of one mile (5,280 feet) from any water impoundment which is utilized as a source of water for a public water system or any river, or any stream which flows into such impoundment, or into such river.

(E)

No lagoon which serves an intensive livestock facility and is utilized for the anaerobic [sic] treatment of animal waste, whether through aerobic or anaerobic treatment, shall be located within one mile (5,280 feet) of any water impoundment which is utilized as a source of water for a public water system, nor within one mile (5,280 feet) of any river, nor within one mile (5,280 feet) of any stream which flows into such impoundment, or into such river.

(F)

No storage facility which serves an intensive livestock facility by storing animal waste for off-site treatment/disposition shall be located within one mile (5,280 feet) of any water impoundment which is utilized as a source of water for a public water system, nor within one mile (5,280 feet) of any river, nor within one mile (5,280 feet) of any stream which flows into such impoundment, or into such river.

(G)

No intensive livestock facility as defined may be located within one mile (5,280 feet) of any water impoundment which is utilized as a source of water for a public water system, nor within one mile (5,280 feet) of any river, nor within one mile (5,280 feet) of any stream which flows into such impoundment, or into such river.

(Ord. of 11-19-1997)

(A)

Replacement or reconfiguration of livestock, dairy and poultry facilities in operation as of the effective date of the ordinance from which this provision is derived but which do not meet the requirements of this article may be permitted provided that:

(1)

There is no increase in the square footage devoted to the livestock operation, dairy or poultry house on the parcel and no increase in the number of livestock or dairy cows kept on the parcel or the number of poultry houses kept on the parcel at any one time.

(2)

Replacement facilities do not encroach upon any setbacks required under this article to a greater extent than the facilities being replaced.

(3)

A nutrient management plan is obtained as provided for in this article.

(Ord. of 11-19-1997)

Each zoning permit application for an intensive livestock, dairy or poultry facility shall be accompanied by a plat of the entire parcel(s) with the location of proposed facility prepared and signed by a land surveyor or civil engineer licensed by the Commonwealth of Virginia certifying that the proposed facility meets all applicable setback requirements of this article, and shall include any other documentation as deemed necessary by the zoning administrator.

(Ord. of 11-19-1997)

(A)

Any intensive livestock raiser, dairy operator or poultry grower or a potential raiser, owner, grower shall file with the zoning administrator a development plan which indicates the number, size and location of livestock, diary or poultry facilities planned for the subject parcel. This development plan shall be prepared in accordance with the provisions of Article 9 of the Brunswick County Zoning Ordinance and shall be prepared and signed by a land surveyor or civil engineer licensed by the Commonwealth of Virginia verifying the accuracy of the distances shown in the development plan and containing all the data required on the certified plats. When such development plan has been approved by the zoning administrator and during the period in which it remains in effect, the planned facilities shall be obliged to meet setbacks only from those dwellings and uses existing at the time the development plan is approved.

(B)

The development plan shall satisfy all the requirements of this article of the Brunswick County Zoning Ordinance, and all requirements of any other Brunswick County Ordinance, and shall include a plat on which a certified land surveyor states that the proposed location of each intensive livestock facility shown on the plat satisfies all setback requirements imposed by the Brunswick County Zoning Ordinance, or by any other Brunswick County Ordinance. The zoning administrator shall have 45 days in which to review the development plan.

(C)

The zoning administrator's approval of the development plan shall automatically expire on the first anniversary of the issuance of such approval (i.e., 365 days thereafter), unless the proposed facilities have theretofore been constructed and placed in service.

(D)

The grower shall notify the zoning administrator in writing within 30 days of placement into service of any facilities indicated in his development plan.

(E)

Each parcel for which a development plan has been approved by the zoning administrator shall display within 15 days of such approval at its entrance a sign no smaller than two square feet, or larger than four square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "Certified Development Site, Intensive (Livestock, Dairy, or Poultry) Facility". Fabrication, installation, and all costs of said sign(s) shall be the responsibility of the grower/operator.

(Ord. of 11-19-1997)

(A)

No facility permit shall be issued until a nutrient management plan for the proposed facility has been reviewed and approved by the Virginia Department of Conservation and Recreation or other appropriate state agency, and accepted by the zoning administrator. A copy of the approved nutrient management plan for the facility shall be filed with the zoning permit application and site development plan.

(B)

The nutrient management plan shall provide for the safe disposal or use of 100 percent of the manure or animal waste produced by each intensive livestock facility. Disposal or use shall be accomplished by means of land application at approved locations and agronomic rates, as established by the Virginia Department of Conservation and Recreation, other appropriate agencies, and shall comply with the provisions of this article. The nutrient management plan shall take into account, among other things, the presence of rivers, streams, domestic or potable wells, springs and sinkholes, and slopes and geological formations that indicate a high susceptibility to ground or surface water pollution and compliance with the Brunswick County Ordinance for the Preservation of Water and Air Quality.

(C)

Any area proposed for use as a site of surface application of waste generated at a facility, regardless of whether such area is on the site of such facility or is offsite, must be expressly identified and authorized in the approved nutrient management plan, and must also be authorized by all other federal, state, and local agencies from which a permit or approval is required. Because such area is defined herein as an intensive livestock facility, such area must also satisfy all setback requirements imposed by the Brunswick County Zoning Ordinance or by any other Brunswick County Ordinance. Written documentation of the agreement with the receiver of the waste, specifying the duration of the agreement, and the nature of the application or use of the wastes shall be submitted to the zoning administrator with the zoning permit application for the facility.

(D)

The nutrient management plan shall provide for a site, with or without a permanent structure, for the storage of animal wastes which shall:

(1)

Be located on the same parcel as the facility which it is an accessory use; and

(2)

Meet all applicable requirements and standards of the Commonwealth of Virginia or any department or division thereof, and any applicable provisions of this article;

(3)

Meet the setback requirements of this article;

(4)

Be structurally enclosed as provided herein;

(5)

Be protected from the elements; and

(6)

Be approved by the Virginia Department of Conservation and Recreation or other applicable agency and shall:

(a)

Be located on an impermeable base;

(b)

Be out of all drainways; and

(c)

Have sufficient capacity to accommodate 100 percent of the waste produced by the facility in operation on the parcel.

(E)

Structural enclosures for waste lagoons.

(1)

Any treatment lagoon utilized for the treatment of animal waste generated by an intensive livestock facility, whether through aerobic or anaerobic treatment, shall be structurally enclosed. Any storage facility utilized for the storage of animal waste generated by an intensive livestock facility, for off-site disposition/treatment, shall be structurally enclosed.

(2)

These lagoon enclosures shall be designed by a professional engineer licensed in the Commonwealth of Virginia, to insure that hazardous, offensive or noxious odor is minimized, and to provide for safe dissipation of gases and other hazardous substances.

(3)

Prior to construction of any such waste treatment lagoon enclosure, a detailed plan therefore shall be submitted to the Office of the Brunswick County Planning Director, from which office a certificate of approval must be secured prior to construction of such enclosure.

(F)

All waste lagoons shall be constructed to provide a minimum of three feet of freeboard. Verification of this construction shall be incorporated into the nutrient management plan and such construction details shall be incorporated in the facility development plan.

(G)

The nutrient management plan shall be reviewed and updated every five years by the Virginia Department of Conservation and Recreation or other appropriate agency and by the zoning administrator, and more frequently if deemed necessary or advisable by the county or its agent.

(H)

Best management practices shall be employed in the timing of the spreading of nutrients and in the cleanliness and operation of the facility to insure that odors and the potential of pollution are kept to a minimum.

(I)

The nutrient management plan's operational procedures shall include a plan for manure treatment with non-toxic, non-hazardous, non-noxious, and completely biodegradable enzyme catalysts to assist with odor reduction.

(Ord. of 11-19-1997)

The applicant shall notify all adjacent property owners by certified mail of plans to locate and operate an intensive livestock facility. The public shall also be notified by a public notice advertised in the local newspapers of plans to locate and operate an intensive livestock facility. Documentation of these notifications shall accompany the applicant's zoning permit application and site plan submittal to the zoning administrator. The notifications shall include the subject's property address, tax map parcel number, the number and type of animals proposed at the facility, and a contact person for the applicant including the contact's mailing address and phone number should the public have questions regarding the proposed facility.

(Ord. of 11-19-1997)

In siting the location of intensive animal facilities, a minimum of a 100-foot buffer shall be maintained to screen the facilities from public roads and any existing dwellings or public buildings located on properties adjoining the facility. Every effort should be made to use existing natural buffers to screen the facility. The applicant will supplement by newly created buffers to provide screening for the facility over a ten-year period and will provide additional plantings, where necessary, to completely screen the facility prior to becoming operational. The screening plan will be submitted with the zoning permit application and site plan for review and approval by the zoning administrator.

(Ord. of 11-19-1997)

An erosion and sediment control plan prepared in accordance with the provisions of the Brunswick County Erosion and Sediment Control Ordinance and the Virginia Erosion and Sediment Control Handbook shall be submitted for approval to the zoning administrator and shall be reviewed and approved by the Lake Country Soil and Water Conservation District. All land disturbance activity associated with the construction of the intensive livestock facility including any buildings, waste lagoons, or other accessory structures and uses shall be conducted in accordance with the approved plan. The erosion and sediment control plan shall be approved prior to the issuance of the zoning permit.

(Ord. of 11-19-1997)

Dead animals shall be disposed of by a procedure approved by the State Veterinarian's Office of the Virginia Department of Agriculture and Consumer Services, Division of Animal Health. Dead bird disposal facilities, such as composters, covered pits, or incinerators shall be approved methods of disposal for normal mortality, but shall not be considered sufficient to receive catastrophic mortalities over ten percent or 5,000 pounds, whichever is greater. At no time shall dead animals in excess of ten percent or 5,000 pounds catastrophic mortality, whichever is greater, be buried on the parcel, but shall be transported, in accordance with state animal health laws as may be prescribed by the state veterinarian, if applicable, to the nearest approved landfill or rendering facility for disposal. Such disposal shall be approved by the owner of the animals, who shall bear all expenses of the disposal. An operational plan for dead animal disposal as approved by the State Veterinarian's Office of the Virginia Department of Agriculture and Consumer Services, Division of Animal Health, shall be submitted to the zoning administrator with the zoning permit application and site development plan.

(Ord. of 11-19-1997)

(A)

The facility operator shall provide copies of all inspection reports by federal, state, and local agencies to the zoning administrator within five days of receipt of such inspection reports. Failure to provide a copy of such reports as stipulated will subject the operator to the remedies set forth in section 17-16.

(B)

The county reserves for itself or its agent the right of entry onto property, with or without prior notice to the operator, for inspections.

(Ord. of 11-19-1997)

Any permit violation disclosed in an inspection report issued by any federal, state, or local agency, which pertains to the maintenance and operation of the facilities, including (although not exclusively) a violation of the approved nutrient management plan, shall constitute a ground on which the zoning permit approval may be rescinded. Failure to rescind the zoning permit approval upon any such violation shall not constitute a waiver of the right of such rescission as to any future violation. Such right of rescission shall be in addition to all other rights and remedies available upon a violation of this article, including, although not exclusively, the ordering in writing of the remedying of any condition found in violation hereof, and the bringing of legal action to insure compliance with the ordinance, including injunction, abatement, or other appropriate action or proceeding.

(Ord. of 11-19-1997)

Prior to the facility becoming operational, the zoning administrator shall issue a certificate to operate. Prior to the issuance of the certificate, the zoning administrator shall be provided written verifications from the Virginia Department of Environmental Quality and the Virginia Department of Conservation and Recreation that the facilities were constructed in compliance with all applicable federal and state regulations governing such facilities. The zoning administrator shall have the right to require confirmation that construction was completed in accordance with the provisions of this article. The zoning administrator may require "as-built" plans as a means of insuring such compliance.

(Ord. of 11-19-1997)

Notwithstanding that all other variance applications are made to the Brunswick County Board of Zoning Appeals, any application for a variance from strict and literal compliance with the terms and conditions of this article shall be made to the Brunswick County Board of Supervisors, which shall have no duty to approve any such application. If the board of supervisors approves any such application, it may require, as a condition of such approval, compliance with any terms and conditions promulgated by the board.

(Ord. of 11-19-1997)

Should any section hereof, subsection hereof, or any portion of either be determined by a court of competent jurisdiction to be unenforceable, then all remaining terms, conditions and provisions hereof shall nevertheless remain in full force and effect, as if the provisions deemed unenforceable had not theretofore been a part hereof.

(Ord. of 11-19-1997)