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By-law No. 2002-053 CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2002-053 Being a By-law to require the Preparation of a Nutrient Management Plan for Livestock Operations WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary in the public interest to regulate nutrient management for certain livestock operations; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has developed a Nutrient Management Strategy, attached to this By-law as Appendix 1, which provides for the adoption of an implementing by-law; AND WHEREAS pursuant to Sections 102 and 210(144)of the Municipal Act,R.S.O. 1990,as amended, by-laws may be enacted by local municipal Councils for the health,safety and welfare of the public and to regulate the location,erection and use of manure pits in a local municipality. NOW THEREFORE,THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS THE FOLLOWING: SECTION 1 -TITLE This By-law may be cited as the"Nutrient Management By-law" SECTION 2-SCOPE This By-law shall apply to all lands within the limits of the Corporation of the Municipality of Bayham. SECTION 3-DEFINITIONS 3.1 Agricultural Advisory Committee,shall mean the Agricultural Advisory Committee formed by the County of Elgin for the purposes set out in Section 8.0 of the Nutrient Management Strategy. 3.2 Alter,when used in reference to a building or structure or part thereof,shall mean to change any one or more of the internal or external dimensions of such building or structure or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot,the word"alter" means to change the width,depth,or area of any required yard,setback, landscaped open space,or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said lot,or otherwise. 3.3 Approved,or approval,when used in reference to a nutrient management plan or renewal thereof or amendment thereto, shall mean that a third party review has been obtained. 3.4 Broker,shall mean a person other than a farmer who uses livestock manure for application purposes and shall include,but is not limited to a commercial fertilizer producer and a mushroom producer. 3.5 Building, shall mean any structure whether temporary or permanent,used or built for any purpose, other than a lawful boundary wall or fence. Any enclosure,awning,bin,bunk,or other container,or platform,used upon any land or in conjunction with or connected to any structure for any purpose shall be deemed a building. 3.6 Building Site,shall mean a parcel of land which cannot be separated without applying for a Consent to Sever pursuant to the Planning Act,on which a livestock or poultry building is,or is intended to be erected. 3.7 Chief Building Official,shall mean the officer or employee of the Municipality for the time being charged with the duty of enforcing the provisions of this By-law, Ontario Building Code, or any other building code or building by-law of the Municipality. 3.8 Code,National Farm Building,is a guide for the design,construction,remodeling 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. Any building greater than 600 m2 will require designs that have been approved by a professional engineer. 3.9 Code,Ontario Building, is a set of regulations prepared by the Ministry of Municipal Affairs and Housing consisting of building requirements to minimize the risk of injury and property damage from structural failure and fire and health hazards. 3.10 Consultant in Agriculture, shall mean a practicing agricultural professional specializing in all aspects of sound agronomical,economic,and environmental crop production who has been certified and/or recommended by the Ontario Ministry of Agriculture and Food(OMAF). 3.11 Drain,Buried,shall mean any sub-surface conduit for receiving and or conveying water. 3.12 Drain,Open,shall mean a natural or man-made conveyance for water,which is bounded by visible bed and banks. 3.13 Erect, shall mean to build, construct, reconstruct, alter, enlarge, and relocate any building or structure and without limiting the generality of the foregoing, shall be taken to include any associated physical operation such as excavating, grading, piling, cribbing, filling, or draining, structurally altering any existing building or structure by an addition, deletion, enlargement, or extension. 3.14 Existin , shall mean existing as of the date of the passing of this By-law. 3.15 Farm Unit, shall mean the composite of all parcels of land, whether owned or rented, which are operated as one farm operation, including but not limited to the principal farm residence, any accessory residences, wood lots, barns and other structures necessary to support agricultural and ancillary uses. 3.16 Grade,Finished, shall mean the average elevation of the finished surface of the ground at ground level of a building or structure. 3.17 Intensive Livestock Operation,shall mean a farm unit where the total number of livestock units on a new or expanded farm unit which exceeds 150,or which exceeds 50 livestock units with a density of greater than 2.5 livestock units per tillable hectare. 3.18 Livestock,shall mean farm animals kept for use,for propagation,or intended for profit and includes dairy and beef cattle,horses,swine,sheep,laying hens,chicken and turkey broilers,turkeys,goats, geese,ducks,mink and rabbit,but excluding animals such as pets raised or housed for recreational or hobby purposes. 3.19 Livestock Barn, shall mean a building used for the housing,feeding or keeping of livestock. 3.20 Livestock Manure,Liquid,shall mean material that is principally composed of livestock feces and urine,and may include some bedding material and some dilution water,with an average dry matter content less than 20 percent by weight. 3.21 Livestock Manure,Solid, shall mean material that is principally composed of livestock feces and urine,and may include some bedding material and some dilution water,with an average dry matter content ranging from 20 to 100 percent by weight. 3.22 Livestock Unit, shall refer to the equivalent values for various types of animals and poultry based on manure production and production cycles as outlined in the following table. Animal Group Animals per Livestock Unit Animals Beef 1 Beef Cowl -barn confinement or barn with yard 2 Beef Feeders-barn confinement or barn with yard 125 Layers-Cages layers or Chicken Breeder Layers Chicken 200 Chicken Broilers/Roasters 500 Pullets(replacement layers) l Milking Cow 1,2-tie stall or free stall Dairy 2 Dairy Heifers-barn confinement or barn with yard Duck 100 Ducks Animal Group Animals per Livestock Unit Animals Emu 5 Emu Fox 49 Adult Fox 4 Goats 4 Adult Goats 3 - 10 Feeder Goats(%20 kg.) Horse 1 Horse 3 Mink 80 Adult Mink 4 Ostrich 3 Ostrich Rabbit 40 Adult Rabbits 4 Sheep 4 Adult Sheep 3 10 Feeder Lambs(>20 kg.) 5 Sows/Boars Swine 4 Feeder Hogs(30- 120 kg.) 20 Weaners(4-30 kg.) 50 Meat Turkeys(-'10 kg.) 75 Meat Turkeys(5- 10 kg.)or Turkey Breeder Turkey 75 Layers 100 Meat Turkeys(;5 kg.) 500 Pullets(replacement breeders) Veal 6 White Veal 3 Red Veal(<300 kg.) (I) Includes calf to 150 kg. (2) A dairy cow/calf farm usually has milking cows,dry cows,heifers and calves. Multiply the number of milking/nursing cows by 1.5 to account for the followers when they are 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 weaners 3.23 Lot,all of the land held or owned under distinct and separate ownership from the ownership of the fee or equity of redemption in abutting land and shall be described in a registered deed or other document legally capable of conveying land or shown as a lot or block on a registered plan of subdivision including any of its parts which are subject to a right-of-easement but does not include a lot or a block on a registered plan of subdivision which has been deemed not to be a registered plan of subdivision by a by-law passed pursuant to the Planning Act, as amended from time to time. 3.24 Lot Line, shall mean any legal boundary of a lot or the vertical projection thereof. 3.25 Manure Storage Facility,shall mean a steel or concrete containment system,with or without a roof or covering enclosing the surface area of the container, used for the storage of liquid or solid livestock manure. A manure storage facility will require designs that have been approved by a professional engineer. 3.26 Municipality, shall mean the Corporation of the Municipality of Bayham. 3.27 Nutrient Management Plan,shall mean a plan that is developed using the science-based process for optimizing the relationship between the land-based application of nutrients,farm management techniques, crop requirements,and land use and is consistent with: - Standards and practices outlined in the Nutrient Management Plan Best Management Practices published from time to time by the Ontario Ministry of Agriculture and Food;and, ▪ The Municipality's Nutrient Management Strategy. 3.28 Nutrient Management Strategy,as amended from time to time,shall mean the document that has been adopted by by-law or resolution by the Council of the Municipality(attached as Appendix 1). 3.29 Nutrients,shall mean materials such as livestock manure,chemical fertilizers and/or biosolids that are added to land to enhance plant growth. 3.30 Operation Site shall mean a building site and adjoining owned land (i.e. in the same name or a corporation/partnership or a specific family relation as the owner(s)of the building site)required to comply with the provisions of Section 5.2.2 of this By-law. Where more than one parcel of land is required to comply with this By-law,the additional parcels shall be not more than 100 metres from the existing/proposed building site parcel and continue to be owned land in compliance with the provisions of this By-law, or not be required due to a reduction in animal units or changes to the regulations. 3.31 Operator, shall mean a person who owns the livestock,or is responsible for the care,control and management of the livestock on a farm unit. 3.32 Owner,shall mean the person who holds legal title to a piece of property. 3.33 Permitted, shall mean permitted by this By-law. 3.34 Person,shall include an individual,an association,a firm,a partnership,an incorporated company, municipal corporation,agent,or trustee and their heirs,executors,or other legal representatives of a person to whom the context of this By-law applies according to law. 3.35 Renovation, shall mean the repair and restoration of a Iivestock/poultry barn or manure storage facility to good condition within existing external walls but shall not include replacement. 3.36 Site Plan, shall mean a scaled drawing showing the relationship between a manure pit and neighbouring land uses including areas designated or zoned in a non-agricultural category; non- conforming uses;neighbours residences; middle-of-the-road allowances and lot line. 3.37 Third-Party Reviewer, shall include professionals (e.g. Professional Engineer) and others with certification and specialization in the assessment of soils, manure and nutrient management. 3.38 Tillable Hectares, shall mean the total area of land including pasture that can be worked or cultivated following Best Management Practices. 3.39 Watercourse,shall mean a natural or man-made channel which carries water and includes streams, rivers, open drains, ponds and lakes. 3.40 Zoning By-law, shall mean any Zoning By-law in effect for the Municipality of Bayham. SECTION 4-APPLICATION,ADNIINISTRATION AND ENFORCEMENT 4.1 Application 4.1.1 No person shall use any land,or erect, alter or use any livestock barn or manure storage facility or part thereof within the limit of the Municipality except in conformity with the provisions of this By- law and the Zoning By-law. 4.1.2 Notwithstanding anything in this By-law, no existing intensive livestock operation within the Municipality shall be required to prepare a nutrient management plan unless and until an application for a building permit is made in the circumstances described in Section 4.4 of this By-law. 4.2 Administration and Enforcement This By-law shall be administered and enforced by the Chief Building Official of the Municipality or any other person acting under the direction of the Council of the Municipality. 4.3 Inspection Any employee of the Municipality acting under the direction of the Council of the Municipality,or an employee of the Corporation of the County of Elgin,or any peace officer having jurisdiction in the Municipality of Bayham is hereby authorized to enter with prior notification at any reasonable time on any day upon any property or premises and abide by the biological security protocol of the farm operation, for the purpose of discharging his 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. 4.4 Application for Building Permit 4.4.1 No person shall erect or alter any livestock barn or manure-storage facility or part thereof within the limits of the Municipality,unless a building permit has been issued by the Chief Building Official. 4.4.2 In addition to all the requirements of the Ontario Building Code, as amended, the National Farm Building Code, as amended, or any other By-law of the Municipality, every application for a building permit for a livestock barn or a manure storage facility shall be assessed to determine whether the farm operation meets or will meet, once the existing barn or manure storage facilities have been altered,the definition of an intensive livestock operation. 4.4.3 Every owner/operator whose farm operation meets or will meet the definition of an intensive livestock operation shall, prior to the issuance of a building permit, file with such application, a written submission and a plan, both in duplicate, drawn to scale, including the following information: a) Dimensions of the lot to be built upon or otherwise used; b) The proposed type,location,and dimensions of the manure storage facility proposed for such lot and its distance relative to: i) the lot lines; ii) the adjacent public road; iii) the nearest drilled, dug or communal well; iv) the nearest watercourse or body of water; v) the location of the nearest field drainage tile; vi) the location of any area designated or zoned residential,recreational or institutional and located within 610 metres of the proposed structure or the distance determined on application of the M.D.S. Formula II calculation,whichever is greater. c) The location and dimensions of any existing 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; d) The location of all existing buildings or structures within a 610 metre radius of the proposed building,structure or use and the separation distances to,and existing use of those buildings and structures; e) Numbers of livestock,poultry,or fur-bearing animals existing and proposed on such lot; f) Type, dimensions, contouring for accidental overspills, and include a copy of the spill contingency plan; g) Tillable hectares of land owned and rented by the applicant; h) Tillable hectares of land made available,by agreement,for manure application; i) A statement signed by the owner of the property disclosing the exact use proposed for each aforesaid building and giving all other information necessary to determine if such building, structure or use, conforms to the requirements of this By-law; and j) In addition to the required information prescribed by this By-law, any other information deemed necessary by the Building Inspector,to carry out the duties and responsibilities set out under this By-law, shall be provided by the applicant. 4.5 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 Zoning By-law 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. SECTION 5-NUTRIENT MANAGEMENT PLAN 5.1 Nutrient Management Plan Required for a Building Permit 5.1.1 The requirement for a nutrient management plan shall only apply to intensive livestock operations as defined herein. A nutrient management plan shall be completed in accordance with the Nutrient Management Strategy prior to the issuance of a building permit: i) for erecting a new livestock barn and or manure storage facility; or ii) for altering a livestock barn or manure storage facility. 5.1.2 The nutrient management plan shall be prepared by a Consultant in Agriculture and shall receive Third Party Review to the satisfaction of the Municipality. 5.2 Land Base Requirement 5.2.1 The required tillable land base shall be maintained at all times for the application of livestock manure as prescribed by the nutrient management plan. 5.2.2 Not less than 20 hectares of the required land base shall be at the operation site and owned by the owner of the livestock facility, and the remaining required land base may consist of owned and or non-owned land made available for the spreading of manure.All owned and non-owned land to be made available for the spreading of manure shall be declared in the nutrient management plan, identified by legal description,and, for non-owned land, supported by a manure agreement lodged with the Municipality. 5.2.3 The submission of the nutrient management plan shall be accompanied by signed agreements as outlined in Appendix C with persons whose lands will be used for the application of livestock manure and which are not owned by the owner/operator. 5.2.4 For the owner/operator of an intensive livestock operation who owns less than 100 percent of the tillable land base required for the application of livestock manure,the land base agreements shall be renewed every three(3)years, effective March 31St of each year and/or when there is a change in management or ownership. 5.3 Alternative Arrangements for the Utilization of Livestock Manure 5.3.1 Alternative arrangements to utilize livestock manure (both solid and liquid), including, but not limited to, the sale of livestock manure, shall be permitted within a nutrient management plan, subject to the approval of the Third Party Reviewer and the Municipality. 5.3.2 The submission of the nutrient management plan shall be accompanied by a signed agreement as outlined in Appendix D with persons who will be acquiring a quantity of livestock manure,which shall be defined in the agreement. 5.4 Nutrient Management Plan Renewal 5.4.1 In addition to the requirement for a Certificate of Compliance for intensive livestock operations prior to the issuance of a building permit, the owner of an intensive livestock operation shall be responsible for renewing the nutrient management plan every three(3)years,effective March 31st of the third year and or when there is a change, in management or ownership, in order to remain in compliance with this By-law. 5.4.2 The renewal of a nutrient management plan must be acceptable to a Third Party Reviewer to be designated by the Municipality. 5.4.3 The submission of the nutrient management plan shall be accompanied by signed agreements as outlined in Appendix E and as required by Section 5.2 of this By-law prior to being deemed to be renewed by the Municipality. 5.4.4 Although this By-law requires the nutrient management plan to be renewed every three years,the farmer is encouraged to review the nutrient management plan annually. SECTION 6-PROVISIONS FOR MANURE STORAGE FACILITIES 6.1 Construction Standards and Sizing No manure storage facilities shall be constructed or altered,except in accordance with the following provisions: a) Manure storage facilities shall be designed and constructed in accordance with the provisions of the Ontario Building Code,as amended,with specific reference to CAN/CSA A23.3 — M94 "Design of Concrete Structures for Buildings", and the National Farm Building Code, and OMAF Factsheets, as amended, as well as local requirements as contained in the Zoning By-law. b) All manure storage facilities for solid livestock manure shall be required to have a method for the adequate elimination and management of liquids as recommended by the Ontario Ministry of Agriculture and Food,or a Consultant in Agriculture. c) For new intensive livestock operations, new manure storage facilities, or existing manure storage facilities being expanded,sufficient manure storage requirements are to be verified in accordance with an approved nutrient management plan.For the purpose of this By-law, sufficient livestock manure storage consists of a minimum of 240 days storage. 6.2 Temporary Stockpiling of Manure and Earthen Storage 6.2.1 The temporary stockpiling of solid livestock manure generated off the farm will be allowed in a field provided that: a) No temporary stockpiling of manure will be permitted for a period exceeding 60 days; b) Where the temporary stockpiling of manure exceeds 60 days, such stockpile shall be covered by an impermeable cover which is tied down; c) A temporary stockpiling of manure which exceeds six(6)months shall require a permanent storage facility; d) The area for the temporary stockpiling of manure shall be 30 metres from a property line, 200 metres from the nearest residential dwelling, 100 metres from a well, and 30 metres form any watercourse. 6.2.2 Under the provisions of this By-law,no earthen manure storage facility shall be hereafter be erected or enlarged. SECTION 7-MINIMUM DISTANCE SEPARATION 7.1 All proposals for new or expanded intensive livestock operations or manure storage facilities shall be sited in accordance with the Minimum Distance Separation Formula II. 7.2 Where the livestock barn or manure storage facility cannot satisfy the requirements of Minimum Distance Separation Formula II, the owner may apply to the Municipality for a minor variance pursuant to the Planning Act,as amended.Where a minor variance is approved,as a requirement for a building permit for an intensive livestock operation or manure storage facility, all other requirements of this Nutrient Management By-law must be met. SECTION 8-ISSUANCE OF BUILDING PERMIT A building permit will not be issued for a new or expanded livestock barn or manure storage facilities until the requirements of this By-law or the approval of a minor variance to this By-law by the Municipality, as well as all other applicable laws are met. SECTION 9-VIOLATION AND PENALTIES Every person who uses, erect or alters any livestock barn or manure storage facility in a manner contrary to any requirements of this By-law or who causes or permits such use, erection, or alteration, or who violates any provision of this By-law or causes or permits a violation, shall be guilty of an offence and upon conviction thereof shall forfeit and pay a penalty not exceeding two thousand dollars($2,000.00)(exclusive of costs)for each offence. Each day ofthe occurrence of the offence shall be deemed to be a separate occurrence for each such offence, and every such penalty shall be recoverable under the Municipal Act, and the Provincial Offences Act. SECTION 10-VALIDITY Should any section, clause or provision of this By-law, including anything contained in the appendices 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. SECTION 11 - COMPLAINTS 11.1 All complaints regarding a matter regulated by the Nutrient Management By-law must be received in writing by the Municipality. Upon receipt of the complaint the Chief Building Official of the Municipality will assess whether the complaint involves a violation of provincial legislation. If it does,the complaint will be directed to the Ministry of Environment and Energy,who will then re- assess the complaint to determine which legislation,if any, it concerns. 11.2 The Municipality will forward all complaints that do not involve a violation of provincial legislation to the Agricultural Advisory Committee as appointed by the County of Elgin for resolution in accordance with Appendix"1"of this By-law. SECTION 12-REMEDIES In case any building or structure is to be erected,altered,extended or part thereof is to be used,or any land 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 Municipality, or pursuant to the provisions of The Municipal Act, in that behalf. THIS By-law comes into force upon the third reading and final passing by the Council of the Corporation of the Municipality of Bayham. READ a FIRST time this I a' day of sicir , 2002. READ a SECOND time this /g day of ally , 2002. READ a THIRD time and FINALLY PASSED time this ( day of JGc ,2002. i OW C -NIF