(1)

INTRODUCTION.

(a)

Authority. This ordinance is adopted under authority granted by § 92.16, Wis. Stats.

(b)

Title. This ordinance shall be known as, referred to, and may be cited as the Village of Germantown Animal Waste Storage Facility Ordinance and is hereinafter referred to as the "ordinance".

(c)

Findings and Declaration of Policy.

1.

The Village of Germantown Board finds that storage of animal waste in storage facilities not meeting technical design and construction standards may cause pollution of the ground and surface waters and may result in actual or potential harm to the health of Village residents and transients; to livestock, aquatic life and other animals and plants; and to the property tax base of the Village.

2.

The Village Board also finds that improper management of animal waste storage facilities, including improper land application of stored animal waste, may cause pollution of the ground and surface waters.

3.

The Village Board also finds that abandoned animal waste storage facilities may cause pollution of ground and surface waters and may be considered a human health hazard.

4.

The Village Board further finds that the technical standards developed by the U.S.D.A. Natural Resources Conservation Service (NRCS) provide effective, practical, and environmentally safe methods of storing and utilizing animal waste and proper methods for closure/reclamation of abandoned facilities.

(d)

Purpose. The purpose of this section is to regulate the location, design, construction, installation, alteration, use and closure of animal waste storage facilities; and the management of wastes from these facilities; to prevent water pollution and thereby protect the health of Village residents and transients; prevent the spread of disease; and promote the prosperity and general welfare of the citizens of the Village. It is also intended to provide for the administration and enforcement of this section and to provide penalties for violations of this section.

(e)

Interpretation. The provisions of this section shall be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(f)

Severability Clause. If any section, provision, or portion of this section is ruled invalid by a court, the remainder of the ordinance shall not for that reason be rendered ineffective.

(2)

GENERAL PROVISIONS.

(a)

Definitions. For the purposes of this section, the following terms are defined:

1.

Abandoned Animal Waste Storage Facility. An animal waste storage facility that is idle or no longer used for its intended purpose.

2.

Administering Authority. The Washington County Conservationist and/or the Village Zoning Administrator, or their designee, who is responsible for the administration and enforcement of this section.

3.

Animal Waste. Livestock excreta and other materials such as bedding, rain or other water, soil, hair, feathers, and debris normally included in animal waste handling operations.

4.

Animal Waste Storage Facility. A concrete, wooden, steel, or otherwise fabricated structure, or an excavated or earthen impoundment specifically designed and made for the purposes of temporarily storing and holding of animal waste that is equal to or exceeds the volume of waste produced at a site in a 30-day period or 175 cubic feet, whichever is greater. Installation of a manure transfer system will be considered a waste storage facility for purposes of this section.

5.

Applicant. Any person who applies for a permit under this section.

6.

Manure Transfer System. A manure conveyance system using structures conduits, or equipment. It includes transfer through a hopper, reception structure or tank, a pump, channel, or conduit. Additional definitions and criteria are listed within the standard as identified in section 17.59(2)(d) of this section.

7.

Permit. The signed, written statement issued by the Administering Authority under this section authorizing the applicant to construct, install, reconstruct, enlarge, or substantially alter an animal waste storage facility.

8.

Permittee. Any person to whom a permit is issued under this section.

9.

Person. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County, or State agency within Wisconsin, the Federal Government, or any combination thereof.

10.

Substantially Altered. A change to a structure or facility that results in its relocation or a significant change to the size, depth or configuration including; replacement of a liner, an increase in the volumetric capacity or area by greater than 20%, or a change in livestock management from one species of livestock to another such as cattle to horses.

11.

Technical Guide. The Wisconsin version of the Natural Resources Conservation Service field office TECHNICAL GUIDE published by the Natural Resources Conservation Service of the U.S. Department of Agriculture.

12.

Water Pollution. Contaminating or rendering unclean or impure the ground or surface waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life.

(b)

Applicability. The requirements of this section shall apply to all lands in jurisdiction of the Village of Germantown. Activities subject to regulation include the construction, installation, reconstruction, enlargement, substantial alteration or closure of an animal waste storage facility by any person; whether such activities are engaged by the landowner or someone employed by the landowner, occurring after October 1, 2021.

(c)

Compliance with Permit Requirements. A person is in compliance with this section if he or she follows the procedures of this section, receives a permit from the Administering Authority before beginning activities subject to regulation under this section, and complies with the requirements of the permit.

(d)

Technical Standards.

1.

Applicable Technical Standards. The technical standards listed below shall be adhered to during any activities permitted under the authority of this section. A copy of these standards can be obtained from the Administering Authority.

a.

Waste Storage Facilities. The standards for design and construction of animal waste storage facilities are those in standards 313 (Waste Storage Facility), 634 (Manure Transfer) of the Technical Guide. Construction specifications referenced within the above listed standards shall also be adhered to. Compliance with standards other than those previously listed above, including those referenced within the above listed applicable standards, shall not be required for the purpose of complying with the provisions of this section.

b.

Land Application of Animal Waste. The standard for management and utilization of animal waste through land application about preventing water pollution is found in standard 590 (Nutrient Management) of the Technical Guide.

c.

Abandoned Animal Waste Storage Facility. The standard for closure of animal waste storage facilities is found in standard 360 (Closure of Waste Impoundments) of the Technical Guide. Construction specifications referenced within the above listed standards shall also be adhered to.

d.

Construction Site Erosion Control. The standards for controlling soil erosion from construction sites are those technical standards identified, developed or disseminated by the Wisconsin Department of Natural Resources, as outlined in Chapter NR 151, Wis. Adm. Code.

2.

Subsequent Modification of Standards. The standards of the Technical Guide and the Wisconsin Department of Natural Resources as outlined in Chapter NR 151, Wis. Adm. Code are adopted and by reference made a part of this section as if fully set forth herein. Any future amendment, revision or modification of the standards incorporated herein are made part of this section unless otherwise acted upon by the Village Board.

3.

Variances. Variances from these standards can only be granted by the custodian of the technical standards or through an appeal by the applicant in accordance with section 17.59(5)(d) of this section unless otherwise acted upon by the Village Board.

(3)

ANIMAL WASTE STORAGE FACILITY PERMIT.

(a)

General. No animal waste storage facility or parts thereof may be located, installed, moved, reconstructed, extended, enlarged, converted, substantially altered or its use changed without an animal waste storage facility permit as provided in this section, and without compliance with the provisions of this section. The requirements of this section shall be in addition to any other ordinance or administrative rule regulating animal waste storage or applicable technical standards. In the case of conflict, the most stringent provisions shall apply.

(b)

Exceptions to Permit Requirement. Emergency repairs such as repairing a broken pipe, or equipment, leaking dikes or the removal of stoppages may be performed without an animal waste storage facility permit. Such work shall be reported to the Administering Authority as soon as possible with a maximum of 2 working days for a determination as to whether an animal waste storage facility permit will be required for an additional alteration or repair to the facility. The Administering Authority may consult with the Village Board prior to making this determination. This ordinance shall not require a permit for routine maintenance or repair of an existing animal waste storage facility or transfer equipment. In addition, no permit is required for barnyard construction or alteration which does not meet the definition of animal waste storage facility in section 17.59(2)(a)(4) of this section.

(c)

Fees and Bonds. The fee for a permit under this section shall be established by the Administering Authority and adopted by the Village Board. The fee shall reflect reasonable expenses associated with administration of this section. The fee for permit shall be non-refundable and payable at the time of application. The Administering Authority may require a cash bond or escrow until final certification of construction is received in accordance with section 17.59(3)(f)5 of this section.

(d)

Permit Application.

1.

An application for an Animal Waste Storage Facility Permit shall be filed with the Administering Authority on forms supplied by the Administering Authority and shall include a plan specifying the following:

a.

The number and kinds of animals for which storage is provided and design duration.

b.

A sketch of the facility and its location in relation to buildings, roads, lot lines and other features within 250 feet, and homes within 500 feet of the proposed facility. The sketch shall be drawn to scale, with a scale no smaller than one inch equals 100 feet.

c.

The structural details, including dimensions, cross sections, and concrete thickness and reinforcement.

d.

The location of any wells within 300 feet of the facility.

e.

The soil test pit and/or soil depth boring locations and soil descriptions to a depth of at least 5 feet below the planned bottom of the facility, or to bedrock if at a lesser depth.

f.

The elevation of groundwater or bedrock if encountered in the soil profile and the date of any such determinations.

g.

Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater. If a navigable body of water lies within 500 feet of the facility, the location and distance to the body of water shall be shown.

h.

The scale of the drawing and the north arrow.

i.

A time schedule for construction of the facility.

j.

A description of the method in transferring animal waste into and from the facility.

k.

A nutrient management plan which meets the standards specified in section 17.59(2)(d) of this section.

l.

A construction site erosion control plan which meets the standards specified in section 17.59(2)(d) of this section.

m.

Any other additional information required by the Administering Authority to determine compliance with this section.

2.

An application for closure of an abandoned animal waste storage facility shall include the information specified in section 17.59(3)(d)1.a-d, g, i, l and m. The application process shall also include a description of the construction methods to be used, a description of compliance with the technical standards and the intended future use of the site.

(e)

Review of Application.

1.

The Administering Authority shall receive and review all permit applications.

2.

The Administering Authority shall determine if the proposed facility meets the required standards set forth in section 17.59(2)(d) of this section. In making this determination, the Administering Authority may require a site inspection and/or may consult with an outside agency.

3.

Within 30 days after receiving the completed application and fee, the Administering Authority shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required from the applicant, the Administering Authority has 30 days from the receipt of the additional information in which to approve or disapprove the application. If, in addition to the applicant's information, the Administering Authority requires comment from an outside agency, the Administering Authority has 30 days from receipt of the comments from the outside agency in which to approve or disapprove the application.

4.

If the Administering Authority fails to approve or disapprove the permit application in writing within 60 days of the receipt of the permit application, receipt of additional applicant information, or receipt of outside agency comments, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued.

5.

The Administering Authority shall mail a copy of action taken by the Administering Authority and the permit to the Village of Germantown. The Administering Authority may mail a copy of the action taken and permit to other agencies or units of government that may have jurisdiction over the proposed facility.

(f)

Permit Conditions. All permits issued under this section shall be subject to the following conditions and requirements in addition to any other conditions or requirements imposed by the Administering Authority, Village Board, other state agencies or local units of government:

1.

Design and construction shall be carried out in accordance with the animal waste storage facility plan and applicable standards specified in sub. (4) above.

2.

The permittee shall give 2 working days notice to the Administering Authority before starting any construction activity authorized by the permit.

3.

The permittee certifies in writing that all other State, County, Village, Sanitary District, Army Corp of Engineers or other State or Federally required permits will be obtained from the appropriate authorities. The Administering Authority may require proof of any permit known to be needed prior to issuing an animal waste storage facility permit.

4.

Approval in writing must be obtained from the Administering Authority prior to any modifications to the approved animal waste storage facility plan.

5.

The permittee and, if applicable, the contractor or professional engineer, licensed in the State of Wisconsin, shall certify in writing that the facility was installed as planned and designed. A copy of the signed certification sheet shall be given to the Administering Authority within 30 days of completion of installation. Administering Authority personnel may conduct site inspection during and following construction to determine that the facility was installed as planned and designed. Any approved changes made to the animal waste storage facility plans shall be specified in the certification sheet and approved by the Administering Authority.

6.

Unless an extension is granted by the Administering Authority, all activities authorized by permit must be completed within 2 years from the date of issuance after which such permit shall be void.

(g)

Permit Revocation. The Administering Authority may revoke any permit issued under this section if the holder of the permit has misrepresented any material fact in the permit application or animal waste storage facility plan, or if the holder of the permit violates any of the conditions of the permit. The permittee shall be immediately notified of the revocation in writing giving the reason(s) for revocation.

(4)

ADMINISTRATION.

(a)

Delegation of Authority. As designated by the Village Board, the Administering Authority is authorized to administer and enforce this section.

(b)

Administrative Duties. In the administration and enforcement of this section, the Administering Authority, or designated representative, shall:

1.

Keep an accurate record of all permit applications, animal waste storage facility plans, permits issued, inspections made, and other official actions.

2.

Review permit applications and issue permits in accordance with section 17.59(3)(e)of this section.

3.

Inspect animal waste storage facility construction/closure to ensure the facility is being constructed/closed according to plan specifications.

4.

Investigate complaints relating to compliance with this section.

5.

Perform other duties as specified in this section.

6.

Provide technical services to the applicant to the extent resources are available.

(c)

Inspection Authority. The Administering Authority, or designated representative, is authorized to enter upon any lands affected by this section to inspect the land prior to or after permit issuance to determine compliance with this section pursuant to the authority granted by § 92.07(14), Wis. Stats. Entry by the Administering Authority or designated representative may also be according to § 66.0119, Wis. Stats. Refusal to grant permission to enter lands affected by this section for purposes of inspection may be grounds for denial of the permit or revocation thereof.

(d)

Enforcement Authority.

1.

All enforcement actions will be referred to and issued by the designated enforcement officer of the Village except when the violation is an immediate and significant threat to the public or the environment, as determined by the Administering Authority. The enforcement officer, or designated representative, is authorized to post an order stopping work upon land which has had a permit revoked or on land currently undergoing activity in violation of this section. Notice is given by both posting upon the land where the violation occurs one or more copies of a poster stating the violation, and by mailing a copy of the order by certified mail to the person whose activity is in violation of this section. The order shall specify that the activity must cease.

2.

Any permit revocation or order stopping work shall remain in effect unless retracted by the Village Board, Administering Authority, or designated representative, or by a court of general jurisdiction; or until the activity is brought into compliance with this section.

(5)

VIOLATIONS.

(a)

Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this section shall be subject to a forfeiture of not less than $10.00 or more than $250.00 plus costs of prosecution for each violation. An unlawful violation includes failure to comply with any standard of this section or with any condition or qualification attached to the permit. Each day that a violation exists shall be a separate violation.

(b)

Enforcement of Injunction. As a substitute for, or an addition to forfeiture actions, the Administering Authority may seek enforcement of any part of this section by court actions seeking injunctions or restraining orders.

(6)

APPEALS.

(a)

Authority. The Village Board of Zoning Appeals shall act as an appeal authority under § 68.09(2), Wis. Stats., and is therefore authorized to hear and decide appeals of any order, requirement, decision, or determination by the Administering Authority for this section.

(b)

Procedure. The rules, procedures, duties and powers of the Village Board of Zoning Appeals and the provisions of Ch. 68, Wis. Stats., shall apply to appeals under this section.

1.

A request for an appeal shall be filed with the Village Clerk within 30 days of action or decision to be appealed. The appeal request shall specify whether an interpretation of ordinance requirements or a variance is sought and the grounds thereof.

2.

The appeal shall be heard by the Village Board of Zoning Appeals at a regularly scheduled meeting with public notice as required by § 19.81, Wis. Stats. The appeal shall be heard within 45 days of the date the appeal is filed with the Village Clerk. A copy of the meeting notice shall be sent to the applicant. The Village Clerk shall transmit to the Village Board of Zoning Appeals all documents constituting the record from which the appeal was taken.

3.

A written decision regarding the appeal shall be made within a reasonable time.

4.

The final decision on an appeal shall be in the form of a written determination signed by the Chairperson of the Village Board of Zoning Appeals. The determination shall state the specific facts, which are the basis for the Board's decision and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, deny the appeal for lack of justification or grant or deny the application for a variance. The reasons or justifications for granting an appeal including a description of the hardship or practical difficulty which was demonstrated by the applicant in the case of a variance, shall be clearly stated in the recorded minutes of the Board's meeting.

(c)

Who May Appeal. Appeals may be taken by any person having a substantial interest which is adversely affected by the order, requirement, decision, or determination made by the Administering Authority.

(d)

Variances.

1.

The Village Board of Zoning Appeals may upon appeal authorize a variance from the requirements of this section when, upon showing by the applicant, unnecessary hardship would result from a literal enforcement of this section. The granting of a variance for unnecessary hardship shall:

a.

Be consistent with the spirit and purpose of this section as stated in section 17.59(1) of this section.

b.

Not permit an activity or practice that may fail structurally or otherwise and cause significant water pollution or other offsite impacts.

c.

Be due to unique circumstances and not to the general conditions of the area.

d.

Not be granted for a self-created hardship.

e.

Not be granted unless it is shown that the variance will not be contrary to the public interest and will not be damaging to the right of other persons.

f.

Not be granted solely based on economic gain or loss.

g.

Not be granted solely on the fact that certain conditions existed prior to the effective date of the ordinance.

2.

The Village Board of Zoning Appeals may authorize a variance from the requirements of this section contingent on the applicant receiving a variance from the technical standards through the Natural Resources Conservation Service or other qualified engineering authority if applicable. If public funds are involved, this may be a program requirement.