09-04-96 SCCMEMORANDUM
TO: Otsego City Council
FROMm Andy MacArthur, City Attorney
RE: Feedlot Ordinance Amendment
DATE: September 3, 1996
Assuming that some decision is arrived at regarding the proposed
feedlot ordinance that is in accordance with the consensus ckf the
Council at the last workshop meeting, it will be necessary, in my
opinion, to amend certain portions of the existing' Compreh nsive
Plan in order to properly align the proposed ordinance wi the
Comprehensive Plan.
Following are the revisions that I would recommend::
Page 33, Policies, Agricultural, No. 4, changed to read as folows:
"The keeping of the present levels of farm animals shall be
confined to the rural designated areas of the community or. forming
operations. Outside of the allowance of limited; expansio s of
existing animal feedlots, there shall be no new feedlots a lowed
within the City:. It is not in the best interest of the 'City to
encourage more intensive animal uses within the mu;aicipal imits
due to the present rate of urbanization."
Page 34, No. 7, changed to read as follows:
" unless there is a threat to public health or safety, the-p�lesent
degree of agricultural activities shall not be limited or curtailed
due to impacts, upon non-agricultural uses which have"o are
proposing to encroach into rural areas. However, those t es of
high intensity agricultural uses not presently undertaken ithin
the City. which. have the potential for significant affect on
adjoining non-agricultural uses shall be discouraged with the
municipal boundaries. 11
Page 90, Land Use Plan, Rural Uses, the following paragraph should
be added:
"Another issue of City concern relates to the pr'posed
establishment of new higher intensity agricultural uses,
specifically, higher intensity animal feedlots within the
community. Concern is also raised by the possible expansion of
existing animal: feedlots to a more intense level of. activa y. At
the present rate of City growth, and with the present number of
residences and their concentration throughout the City, inc4uding
the rural areas, further establishment of new animal feedl is of
any size shall be discouraged. Further, the allowed expanson of
existing animal.f4Vdlots needs to be controlled in order to Insure
that such uses do not have an adverse affect on adjoining non-
FN
A
C
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING e DESIGN MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO;
Otsego Mayor and City Council
Bob Kirmis / Andy MacArthur
28 August 1996
Otsego - Zoning Ordinance - Feedlot Regulations
176.08 - 95.28
At the City Council's directive, we have proceeded to revise the previous 5/28/96 draft
version of the feedlot ordinance to integrate various comments received at the 13 August
City Council workshop. It appears that there is a general consensus on most crucial policy
issues. This memorandum is intended to focus discussion on those matters that need
further clarification.
ORDINANCE MODIFICATIONS:
The following specific changes have been made to the previous draft feedlot regulations.
Section 20-38-1 - Purpose
Item B of the ordinance's purpose statement has been expanded to specifically reference
size regulation.
Section 20-38-2 - MPCA Permit Requirements
The draft ordinance prohibits the establishment of new animal feedlots of greater than 10
animal units (Threshold for MPCA permit application). Resultantly, the previous reference
to new feedlots in excess of 10 animal units has been omitted.
Section 20-38-4 - Prohibited Feedlots
This section has been revised to prohibit new feedlots in excess of 10 animal units. While
the Council's directive of "no new feedlots" is acknowledged, it is believed some realistic
allowance should be made for the small scale keeping of animals such as that associated
with hobby farms.
5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837
This section has further been modified to allow existing feedlots to expand to a maximum
of 750 animal units.
Section 20-38-6 - Information Requirement
Item I of this section has been added which requires certification of existing number of
animals units (applicable to feedlot expansions).
Section 20-38-7.13 - Feedlot Setbacks
This section has been expanded to specify that feedlot expansions must comply with
various setback requirements as suggested at the 13 August workshop. Specific setback
changes from the previous draft ordinance include the following:
1. Addition of a municipal boundary setback of/2 mile.
2 Private residence and well setbacks have been changed to 500 feet for facilities
having less than 300 animal units and 750 feet for facilities greater than 300 animal
units.
Section 20-38-9 - Conditional Use Permits
Conditional use permit qualification requirements have been changed to include:
1. Feedlot expansions where the cumulative total exceeds 150 animal units.
2. An expansion of a feedlot by more than 100 animal units.
OUTSTANDING ISSUES:
In preparing the various ordinance revisions, we discovered several policy areas which we
feel need clarification from the City Council.
MPCA Permit Requirements. Section 20-38-2.13 states that a change of ownership,
including family members prompts an MPCA permit. Considering that the inclusion of
family members is not part of the Minnesota Rule and that this subject has been an issue
of previous debate, we request clarification on this matter. If a change is directed, the
provision could be revised to read as follows:
B. A change of ownership, excepting transfers to members of the immediate family.
Prohibited Feedlots. As noted previously, the draft ordinance makes provision for new
feedlots less than 10 animal units (i.e., hobby farms). Considering that this issue was not
specifically addressed at the 13 August workshop, staff requests that the City Council
K
establish a specific position on this matter. To what degree new "small scale" feedlots are
allowed is considered a policy matter to be determined by the City Council.
Information Requirements. Within Section 20-38-6, some concern exists in regard to the
applicability of the various information requirements. Specifically question exists whether
all requirements should apply to "small scale feedlots (including hobby farms). To address
this concern, item "J" could be added to read as follows:
J. At its discretion, City staff may waive certain informational requirements for minimal
expansions, defined as expansions of twenty (20) animal units or less which will
result in a cumulative total of fifty (50) animal units or less.
Setbacks.
Non -Conforming Uses. We are uncertain as to the Council's position regarding setbacks
applicable to existing feedlots which fail to meet new feedlot setbacks. For instance, can
an existing feedlot which fails to meet new feedlot setbacks expand? The Planning
Commission had previously recommended that legal non -conforming feedlots (which fail
to meet new feedlot setback requirements) may be expanded provided the degree of
setback non -conformity is not increased.
This issue should be clarified by the Council.
Private Residence Setbacks. The 13 August meeting minutes are not entirely clear on
preferred private residence setbacks. Specifically, question exists whether the Council
wishes to establish a specific setback for feedlots of 150 animal units or less.
Church Setbacks. Church and similar facility setbacks are to reiterate private residence
setbacks. Thus, clarification is needed as to whether a separate setback is desired for
feedlots of 150 animal units or less.
Manure Stockpile/Application Setbacks. No changes to section 20-38-8 of the
ordinance (regarding manure setbacks) were directed by the City Council. We have some
concern regarding an ordinance footnote which states that residence setbacks apply only
if the occupants of the residence specifically request such setback in writing. The Council
should determine whether this provision should be included.
Comprehensive Plan Amendment. The prohibition of new animal feedlots (over ten
animal units) represents a change in current City policy. If the draft ordinance, as currently
written, is given final consensus by the City Council, an amendment to the Comprehensive
Plan will be necessary.
3
This material is scheduled for City Council review at the forthcoming 4 September City
Council workshop.
PC: Elaine Beatty
Otsego Feedlot Committee.
DRAFT - DRAFT - DRAFT
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 96 -
AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS
WITHIN THE CITY OF OTSEGO.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-2-2.F of the Otsego City
Code (Definitions) is hereby amended to delete the
following definitions:
Feedlot, Commercial: The place of confined feeding
of livestock or other animals for food, fur, pleasure
or resale purposes in yards, lots, pens, building, or
other areas not normally used for pasture or crops and
'n which substantial amounts of manure or related
.her wastes may originate by reason of feeding such
animals.
Section 2. Section 20-2-2.F of the Otsego
City Code (Definitions) is hereby amended to add the
following definitions:
Feedlot Related:
1.
2.
8/28/96
MN Rules 7020.0500
Subp. 4,B,2
3.
4.
S.
6.
?#pt}}pol The total number of animal units
subject to permit or registration shall be
determined by including operations located within
one-half mile which utilize a common area or
system for manure disposal.
saetsand the livestock operation does not
create or maintain a potential pollution hazard
or the potential pollution hazard has been
corrected to meet MPCA requirements.
torr
stru'
Whic
P.01 1
cQnf
2
MN Rules 7020.0300
Subp. 6
MN Rules 7020.0300
Subp. 7
MN Rules 7020.0300
Subp. 7a
MN Rules 7020.0300
Subp. 8
0
A.0
Animal
Pier Animal>3'l�0lU
$. 'cr�a: MN Rules 7020.0300
Subp. 5
One mature day ry cCwQ
214' anima3i
One slaughter steer
Q he�.fer,wi:t%
.� 300:3
One ha..::£Ttk
:..
.,
300 an
One sof""i@
Gi`
..........:...
tt75
d`r>»'
?#pt}}pol The total number of animal units
subject to permit or registration shall be
determined by including operations located within
one-half mile which utilize a common area or
system for manure disposal.
saetsand the livestock operation does not
create or maintain a potential pollution hazard
or the potential pollution hazard has been
corrected to meet MPCA requirements.
torr
stru'
Whic
P.01 1
cQnf
2
MN Rules 7020.0300
Subp. 6
MN Rules 7020.0300
Subp. 7
MN Rules 7020.0300
Subp. 7a
MN Rules 7020.0300
Subp. 8
0
7. Domestic Fertilizer:
A.i
Animal:: -::;....manure that is put on or inje tt
into the soilto improve the qual�tlt or
quantity of plant growth; or
B. Aimal< manure khat is used as comXiast,E}„'
conditioners, or.specia1ized plant beds.;'
8. Earthen Basin: A dike or excavated structure
often lined with clay or a synthetic liner, in
which manure is stored The basin is emptied at
least once each year, It is designed by a
professional engineer or Natural Resources
Conservation Service/Soil and Water Conservation
District (NRCS)/(SWCD) technician.
a
10.
11. Feedlot Operator: An individual, a corporation,
a group of individuals, a partnership, joint
venture, owner or any other business entity
having charge or control of one or more livestock
feedlots, poultry lots or other animal lots.
12.e?erY When required
tnmths from 'tle date: of issuance,, identifying the
necessary corrective measures to abate potential
pollution hazards.
3
MN Rules 7020.0300
Subp. 11
MMG Glossary
MN Rules 7020.0300
Subp. 3
MN Rules 7020.0300
Subp. 15
MN Rules 7020.0300
Subp. 13
14. Manure, Animal: The fecal and urinary excretions MMG Glossary
of - • _ d poultry,p can include
bedding material and water used for livestock.
Tyipes of - havP descriptive names such as
liauid. slurry.and solid, Manure that has a
content of more. than ninety-six (96) percent
moisture is liquid. Manure with a moisture
content betwPen ninety (90)'and ninety-six (9-6)
percent is referred to as a slurry, �. moisture
content of less eighty-four (i • percent
considered solid,
15.
16.
17.
... . .
::::.'ri :>:»o Issue
to large facilities (one thousand (1,000) animal
units or more) that have the potential to
discharge to waters of the state.
4
MN Rules 7020.0300
Subp. 14
MN Rules 7020.0300
Subp. 16
MN Rules 7020.0300
Subp. 18
%relwzrflis UR
- .• -! .. .!ae
!-.!.!.
WI
shoreland
or floodulain.
or are
located in
an area
draining
draining
directly
to an
area with
to a sink
shallow
hole or
sni 1 -,
overlyincf
a
fractured
or cavernous
rock, or
- located
within
one hundred
11) feet of
waterwell;
or
RVI
a discharcre of pollutants to surface or
ground waters of- the state in excess of
aimlicable standards, -including, but not
limited to, Minnesota Rules Chapter 7050 and
7055, durincr! •4i1 event of
magnitude than the 25 -year. 24-hour event or
will allow uncontrolled seepage of
pollutants into the ground water or violate
any a3p]21icable state
19. Steep Slopes: Land where agricultural activity
or development is either not recommended or
described as poorly suited due to slope steepness
and the site's soil characteristics, as mapped
and described in available county soil surveys or
other technical reports, unless appropriate
design and construction techniques and farming
practices are used in accordance with the
provisions of these regulations. Where specific
information is not available, steep slopes are
lands having average slopes over twelve (12)
percent, as measured over horizontal distances of
fifty (50) feet or more, that are not bluffs.
Section 3. Section 20-2-2.P of the Otsego
City Code (Definitions) is hereby amended to add the
following definitions:
Park, Private: A tract of land presently owned
or controlled and used by private or semi-public
persons, entities, groups, etc. for active and/or
passive recreational purposes.
5
MN Rules 7020.0300
Subp. 20/excluding
the following
language
Park, Public: A tract of land publicly owned
and used by the public for active and/or passive
recreational purposes. Trailways themselves
shall not constitute a public park.
Section 4. Section 20-27-4.0 of the Otsego City
Code (Farm Animal Regulations) is amended to read as
follows:
C. Manure application and stockpiling activities
shall comply with the applicable provisions of
Section 20-38-8 of this Chapter.
Section 5. Section 20-27-4.E of the Otsego
City Code (Farm Animal Regulations) is amended to read
as follows: —
E. All regulations imposed by the Minnesota
Pollution Control Agency (MPGA) relating to the
keeping of farm animals shall be adhered to and
animal feedlots shall comply with the applicable
provisions of Section 20-38 of this Chapter.
Section 6. Section 38 of the Otsego City Code
_s hereby amended to read as follows:
SECTION 38
FEEDLOT REGULATIONS
SECTION:
20-38-1 Purpose
20-38-2 Minnesota Pollution Control Agency (MPGA)
Feedlot Permit Requirements
20-38-3 Allowed Feedlots
20-38-4 Prohibited Feedlots
20-38-5 Pollution Control Requirements
20-38-6 Information Requirement
20-38-7 Feedlot Setbacks
20-38-8 Manure Stockpile/Application Setbacks
20-38-9 Conditional Use Permits
20-38-10 Standards for Earthen Storage Basins and
Concrete Pits
20-38-11 Facility Closure
20-38-12 Abandonment
A
20-38-1: PURPOSE: The purpose and intent of this
Chapter is to regulate feedlot operations
within the City of Otsego in a manner that
is at least as restrictive as existing State
regulations, and in many instances exceeding
those State requirements, including those
regulations related to pollution. These
additional controls are needed due to the
unique location of the municipality in
relation to the Metropolitan Area, and in
order to promote the planning process and
protect the health, safety and welfare of
the residents of the City, as well as to:
A. Establish a procedure for the allowance of
feedlots within the City.
B. Regulate the location, development, and
expansion of feedlots.
C. Promote best farm management practices.
D. Protect valuable groundwater and surface
water resources.
E. Protect human and animal health.
F. Implement specific policies and provisions
of the official City Comprehensive Plan.
G. Promote compatibility of uses.
H. Coordinate and assist state agencies in the
administration of state-wide statutes and
regulations governing livestock operations.
20-38-2: MINNESOTA POLLUTION CONTROL AGENCY (MPCA)
.............................................
FEEDLOT PERMIT REQUIREMENTS: 'Ze ze €
A.
B
chg...... o rshp, family members
included.
7
MIST Rules 7020.0500
Subp. 1
MMG Page 12
0
C.
20-38-3: ALLOWED FEEDLOTS: Those feedlots which do
not constitute a potential pollution hazard
and meet the applicable requirements of this
Ordinance shall be allowed within the City
on the condition that they obtain a
certificate of compliance by the MPGA, as
required.
20-38-4: PROHIBITED FEEDLOTS: The following feedlots
shall be prohibited within the City:
A. New feedlots in excess of ten (10) animal
units.
B. Expansions of existing feedlots within the
Urban Service Area which exceed a cumulative
total of ten (10) animal units.
C. Expansions of existing feedlots within the
Rural Service Area which exceed a cumulative
total of seven hundred fifty (750) animal
units.
z0-38-5: POLLUTION CONTROL REQUIREMENTS:
A. Purpose: The purpose of this Section is to
provide restrictions on feedlot operations
as restrictive as, or more so, than existing
State regulations regarding pollution or
potential pollution hazards.
B.
C0
D
MN Rules 7020.0400
Subp. 1
MN Rules 7020.0400
Subp. 2
a
E.
F.
G.
H.
feedlot operations or fields divided by
roadways provided the animal manure is fgr
use __ as domestic fertilizer.''
Odors: Feedlot operations shall take
responsible measures to minimize odors which
have the effect of creating an adverse
impact on the environment and quality of
life for the residents of the City.
20-38-6: INFORMATION REQUIREMENT:
mag1.I.X ..................... ral phQgpYt indicating
9
MN Rules 7020.0400
Subp. 3
MAI Rules 7020.0400
Subp. 4
MN Rules 7020.0400
Subp. 5
MN Rules 7020.0900 ,
MN Rules 7020.0500
Subp. 2 (partial)
MMG Page 14
B. A description of the geological condition,
soil types and seasonal high water table.
C. A plan indicating operational procedure, the
location and specifics of proposed animal
waste facilities. The quantity and type of
effluent to be discharged from the site.
D. Method/plan for disposal of dead animals
shall be consistent with the Minnesota Board
of Animal Health regulations.
E. Manure Utilization Plan which will include MMG
the location of all manure application
sites, crop types, application rate in
gallons/acre or tons/acre, and the resulting
application rate of N, P and K in
pounds/acre. Manure application shall not
exceed agronomic rates or to build N, P and
K levels beyond the soil capability of
holding and utilizing them for crop use, for
the prevention of leaching and potential
non -point pollution problems, as determined
by the Wright County Extension Educator and
the Minnesota Extension Service.
F. Land spreading agreements shall be provided MMG
if the applicant does not own the minimum
acreage to apply animal waste and the land
application agreement must be signed by all
owners of the property.
G. Methods used to control or mitigate odor
impact upon neighboring properties.
H. A plan for proper closure of the facility
including an estimated cost of the same.
I. In cases of feedlot expansions,
certification of existing animal units upon
the property.
J. Any other additional information as
contained in the application and requested
by the City or MPCA.
20-38-7: FEEDLOT SETBACKS:
A. Existing Feedlots: Lawfully established
feedlots existing prior to (effective date
of ordinance) may be continued in the
location existing on such date and are
10
exempt from the setback requirements of this
Chapter. Expansions to existing feedlots
shall be in compliance with the setback
provisions as established by Section 20-38-
7.B below. (Legal non -conforming feedlots
may be expanded provided the degree of
setback non -conformity is not increased and
all other applicable standards of operation
specified in this Chapter are satisfactorily
met.)
B. New Feedlots and Feedlot Expansions: All
new feedlots and feedlot expansions shall
comply with each and every one of the
following setback requirements:
1. Shorelands. No new feedlot or feedlot
expansion shall be located within the
Shoreland Districts of the City of
Otsego as defined by Section 20-71 of
this Chapter unless otherwise
permitted by the MPCA.
2. Floodplains. No new feedlot or
feedlot expansion shall be located
within the one hundred (100) year
floodplain area based on flood
insurance rate maps and the flood
insurance study for the City of
Otsego.
3. Municipal Boundaries. No new feedlot
or feedlot expansion shall be located
within one-half (1/2) mile of an
adjacent municipal boundary.
4. Steep Slopes. No new feedlot or
feedlot expansion involving open lots
or partial confinement buildings shall
be located within three hundred (300)
feet of the crown of a steep slope as
defined by this Chapter.
5. Public Parks. No new feedlot or
feedlot expansion shall be located
within one thousand (1,000) feet of a
public park.
11
6. Drainage Ditches. No new feedlot or
feedlot expansion shall be located
within three hundred (300) feet of a
County, City or private drainage
ditch.
7. Private Residences and Wells. No new
feedlot or feedlot expansion shall be
located within the following distances
of any residence or well other than
the feedlot land owner or operator:
Required
Setback
Less than 300 animal units 500 feet
300 or more animal units 750 feet
8. Church, School or Similar Facilities.
No new feedlot or feedlot expansion
shall be located within the following
distances of any church, school or
similar public facility:
Required
Setback
Less than 300'animal units 500 feet
300 or more animal units 750 feet
12
'0-38-8: MANURE STOCKPILE/APPLICATION SETBACKS: The
following manure stockpile and application
setbacks are required for all new and
existing feedlots:
13
MMG Page 38
Manure Application
Category
Stock
Surface/
Irrigation
ArAlied
Incorporated
or Injected
Piles
Public lake, river.
300 feet
100 feet -lake
300
50 feet-
or stream
feet
river stream
Public streets*
25 feet-
10 feet
25
surface
300 feet -
irrigation
feet
Platted
300 feet-
300 feet
300
surface
1,000
Subdivisions**
feet
feet -
irrigation
Municipal wells
200 feet
200 feet
300
feet
Private wells
200 feet
200 feet
200
feet
Public or private
300 feet
100 feet
300
ditch
feet
Residence other
300 feet-
300 feet**
300
than landowner or
surface**
feet
o,perator
1,000
feet -
irrigation
*As measured from the outer boundary of the right-of-way
** These separation distances shall only apply if the
occupants of the residence specifically request it in
writing of the operator.
13
MMG Page 38
M
'0-38-9: CONDITIONAL USE PERMITS:
A. Requirement: A conditional use permit
shall be obtained in a manner described in
Section 20-4 of this Chapter whenever:
1. The proposed expansion, or
modification of an existing feedlot is
located within a Shoreland,
Floodplain, or Wild and Scenic
District.
2. The expansion of an existing feedlot
is proposed where the cumulative total
exceeds one hundred fifty (150) animal
units.
3. The expansion of 'an existing feedl-ot
by one hundred (100) or more animal
units.
4. A lagoon system, an earthen basin or
any other outdoor liquid storage
structure is proposed for the storage
or treatment of animal waste.
B. Standards for Conditional Use Permits: To
protect public health, safety and welfare,
the City shall impose (but not be limited to
the following conditions:
1. Trees and/or shrubs are planted, as
determined necessary by the City
Council, for use as a wind break but
not so as to interfere with the design
and functioning of the feedlot
operation.
2. All provisions of the Manure
Utilization Plan as outlined in
Section 20-38-5 of this Chapter are
satisfactorily met.
3. All pollution control measures
outlined in Section 20-38-5 of this
Chapter are satisfactorily met.
14
4. As required by State regulations, the
applicant shall provide adequate
security to ensure compliance with any
or all conditions of the permit,
proper handling and storage of manure,
and proper closure of the facility.
The amount of said security shall be
contained in a written agreement
between the permittee and the City.
5. All applicable setback requirements of
Sections 20-38-7 and 20-38-8 of this
Chapter are satisfactorily met.
6. All feedlots shall be operated in a
nuisance -free manner consistent with
the regulations of the city and
Minnesota Pollution Control Agerrcy
(MPGA).
7. Approval of the conditional use permit
shall be contingent upon the
successful acquisition of a Minnesota
Pollution Control Agency (MPGA)
permit.
8. The use is consistent with applicable
provisions of Section 26, 27 and 51 of
this Chapter.
9. The provisions of Section 20-4-2.F of
this Chapter are considered and
determined to be satisfied.
10. All conditions of approval of the
conditional use permit shall be
recorded against the property.
20-38-10: STANDARDS FOR EARTHEN STORAGE BASINS,
LAGOONS AND OTHER MANURE STORAGE AREAS:
Earthen basins, lagoons and other manure
storage areas shall be constructed in
compliance with Minnesota Pollution Control
Agency (MPGA) requirements.
15
10-38-11: FACILITY CLOSURE:
A. Responsible Parties: The landowner, owner
and operator of any animal feedlot shall be
responsible for the ongoing management of
manure and the final closure of the facility
include the cleaning of buildings and the
emptying and proper disposal of manure from
all manure holding facilities.
B. Environmental Financial Assurance: Financial
security shall be posted with the City in
the form of escrow, bond, or letter of
credit in an amount established by State
Rules or Regulations, or as amended, in
order to assure proper closure of the
facility.
C. Closure Plan: If a permitted feedlot
operation using a manure storage system
ceases operation, the owner shall submit to
the City and MPCA a closure plan.
1. The plan shall be submitted at least
sixty (60) days prior to the final day
of operation of the manure storage
system. The plan shall be prepared by
a professional engineer registered in
the State of Minnesota, or a person
recognized as qualified for such work
by the MPGA.
2. Closure of the operation may be
postponed for a period of twelve (12)
months if the property is posted for
sale.
3. Manure storage system closure shall
include the removal of the sludge in
the facilities and its disposal by
proper land application at agronomic
rates or by other legally permissible
method.
4. Manure storage system closure shall
also include filling in a basin with
material from the dikes or other
earthen material that may be
available. Only material allowed to
be buried under federal, state and
local regulations may be used as fill.
It is necessary to fill in the basin
to prevent it from being a safety
hazard when it fills in with rain and
snow -melt waters.
5. All wastes from the feedlot operation
and its waste control system shall be
removed and disposed of on land or in
some other manner which is legally
permissible as soon as practical, but
no more than six (6) months, and in
accordance with the approved plan in
order to promote and protect public
health.
6. Each time ownership to the facility
changes, the new owner must notify the
MPCA and the City in writing with -in
sixty (60) days of the transfer of
ownership that the approved plan has
been read and is understood and that
all provisions of the plan will be
implemented. The new owner must also
provide the City with written
assurance that they have assumed all
obligations undertaken by previous
operators or owners, including posting
of any necessary security.
7. If the new ownership is to continue to
operate the facility, closure shall
not be necessary.
20-38-12: ABANDONMENT: Owners and operators of
feedlots, either at the time of abandonment or after,
shall have joint and several liability for clean up,
closure or remediation of abandoned feedlot sites.
Section 7. Section 20-51-2.A of the Otsego
City Code (A-1 District Permitted Uses) is hereby
amended to read as follows:
A. Farms, farmsteads, farming and agricultural
related buildings and structures subject to
Minnesota Pollution Control Standards, but
not including animal feedlots or other
commercial operations.
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Section 8. Section 20-51-5.D of the Otsego
qty Code (A-1 District Conditional Uses) is hereby
amended to read as follows:
D. Animal feedlots as regulated by Section 38
of this Chapter.
Section 9. Section 20-52-2.A of the Otsego
City Code (A-2 District Permitted Uses) is hereby
amended to read as follows:
A. Farms, farmsteads, farming and agricultural
related buildings and structures subject to
Minnesota Pollution Control Standards, but
not including animal feedlots or other
commercial operations.
Section 10. This Ordinance shall become
effective immediately upon its passage and
publication.
ADOPTED by the Otsego City Council this day of
1996.
CITY OF OTSEGO
By:
Norman F. Freske, Mayor
ATTEST:
By:
Elaine Beatty, City Clerk/Zoning Administrator
im
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