Chapter 8.35
CENTER PIVOT MANURE DISTRIBUTION SYSTEMS
Sections:
8.35.020 Abrogation and greater restrictions.
8.35.080 Standards and conditions.
8.35.010 Purpose and intent.
The purpose of this chapter is to promote the health, safety and general welfare of the town, and it is the general intent of this chapter to regulate the use of center pivot manure distribution systems within the town of Richmond, Walworth County. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-1.]
8.35.020 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, when this chapter imposes greater restrictions, the provisions of this chapter shall govern. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-2.]
8.35.030 Interpretation.
In its interpretation and application, the provisions of this chapter shall be liberally construed in favor of the town and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes except as expressly set forth herein. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-3.]
8.35.040 Definition.
“Center pivot manure distribution system,” as used in this chapter, means a system for spreading manure or manure by-products which involves spraying or otherwise distributing the manure or by-product in liquid form through spray or drop nozzles attached to a pivoting arm located in a farm field. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-4.]
8.35.050 License required.
No person or entity shall operate a center pivot manure distribution system in the town of Richmond unless such person or entity shall first obtain a license for such operation from the town board. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-5.]
8.35.060 Application.
Any person or entity desiring or intending to operate a center pivot manure distribution system in the town of Richmond shall, before operating the same, apply to the town board for a license for such operation. Said license shall include, at a minimum, the following:
(a) The name and address of the applicant;
(b) The name and address of the owner of the property upon which said system is intended to be operated;
(c) The dates or range of dates when such operation is intended to occur;
(d) A detailed description of the material intended to be distributed by the system;
(e) The legal description and address of the property upon which the system is to be operated;
(f) The manner in which the volume of material to be distributed by the system is intended to be regulated;
(g) The names and addresses of the owners and residents of all property located within one mile of the property line of any parcel upon which the proposed center pivot manure distribution system is to be operated.
At the time of application, the applicant shall pay to the town clerk an application fee in the amount of $500.00, or such other fee as may be determined by the town board by resolution. In addition to this fee, as a condition for processing the application, the applicant shall be required to bear the expense of any professional services incurred by the town board in reviewing the application, including, but not limited to, technical and environmental experts and legal counsel. The town board may require the applicant to post a deposit for the anticipated cost of such services. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-6.]
8.35.070 Public hearing.
Upon receipt of an application for a license for operation of a center pivot manure distribution system, the town board shall hold a public hearing on such application. Notice of such hearing shall be mailed by the applicant, by certified mail at the applicant’s expense, no less than 10 days before the date of the hearing to all property owners and residents of property located within one mile of the property line of any parcel upon which the proposed center pivot manure distribution system is to be operated. The applicant shall provide certified mail receipts to the town clerk for each property owner or resident entitled to notice or, in the alternative, proof of direct service upon the owner or resident. If direct service is used in lieu of certified mail, service shall occur no later than five days before the public hearing. Such notice shall also be published as a Class 2 notice. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-7.]
8.35.080 Standards and conditions.
In addition to holding a public hearing, before issuing a license for operation of a center pivot manure distribution system, the town board shall review the application for such permit. No permit shall be issued unless the board first determines that the proposed operation will not cause undue harm to the health of nearby residents and will not cause noxious odors which are likely to become a nuisance to such residents. The board may impose appropriate conditions upon the proposed operation as necessary to protect such residents and the health, safety and well-being of other persons living and traveling through the town. The violation of any such conditions imposed by the board shall be deemed a violation of this chapter. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-8.]
8.35.090 Lien on real estate.
In all cases in which the town board, or its duly appointed representative, takes action to enforce the provisions of this chapter because of the unlawful operation of a center pivot manure system, the sum expended in accomplishing such enforcement shall become a lien on the property where such system is located, in the same manner as any tax upon real estate. The town clerk shall certify the description of such property, and the costs of such removal, and the clerk shall include the same in the annual schedule of land subject to special taxation. Payment of costs included in a lien hereunder shall be enforced in the same manner as a special tax upon real estate levied and collected in the town of Richmond. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-6 [39-9].]
8.35.100 Enforcement.
Any person who operates or causes the operation of a center pivot manure distribution system without first obtaining a lawful license for such operation under this chapter, or operates or causes the operation of such a system in a manner which violates any conditions imposed by the town board upon any such license shall be deemed in violation of this chapter and the town board may take action to enjoin such violation and/or to impose a fine by initiating an action in Walworth County circuit court. Any person shall, upon conviction of any such violation, forfeit not less than $1,000 nor more than $5,000 for each day the violation continues, together with the costs of prosecution, and, in default of payment, shall be imprisoned in the county jail until such forfeiture is paid, but not to exceed 90 days. [Ord. dated 5/21/2013 § 1. Code 2002 § 39-7 [39-10].]