Vote Greg Davids
 
Letterwerks Sign City
 
"Where Fillmore County News Comes First"
Online Edition
Monday, October 20th, 2014
Volume ∞ Issue ∞
 

PREBLE TOWNSHIP BOARD OF SUPERVISORS RESOLUTIONS FOR INTERIM ORDINANCE AFFECTING ANIMAL FEEDLOTS Ordinance No. 2005-01


Fri, Apr 22nd, 2005
Posted in Legals

PREBLE TOWNSHIP BOARD OF SUPERVISORS RESOLUTIONSFORINTERIM ORDINANCE AFFECTING ANIMAL FEEDLOTS Ordinance No. 2005-01The Board of Supervisors of Preble Township, Fillmore County, hereby adopts the following resolutions and ordinance, and ordains this Interim Ordinance Affecting Animal Feedlots:WHEREAS, residents of Preble Township have informed the Township Board of Supervisors of their concern that the zoning and land use ordinances and practices of Fillmore County are inadequate to protect the scenic beauty, rural residential lifestyle and agricultural business which Preble Township residents, farmers and property owners value and desire to be preserved.WHEREAS, among the concerns of township residents is the potential for development or expansion of large animal feedlots within Preble Township, which could present serious odor problems, aggravate existing problems with township roads, and adversely affect the health and welfare of township residents.WHEREAS, the Preble Township Board of Supervisors is reviewing the interest and feasibility of this Township (i) adopting its own comprehensive land use and zoning plan, (ii) adopting regulatory ordinances implementing its own comprehensive land use and zoning plan, and (iii) implementing and executing a regulatory system for monitoring and enforcing a comprehensive land use and zoning plan.WHEREAS, this Township Board of Supervisors has created and appointed a planning committee, which planning committee is currently studying the feasibility of developing, adopting and implementing a comprehensive land use and zoning plan, pursuant to the authority granted in Minnesota Statutes Ch. 462.WHEREAS, Minnesota Statutes § 462.355, subd. 4, authorizes and empowers this Township Board of Supervisors to enact an interim moratorium and temporary prohibition of certain uses and development for a period of up to one year to study Preble Township’s interest and feasibility in adopting its own comprehensive land use and zoning plan.WHEREAS, the Preble Township Board of Supervisors intends to adopt and enact an Interim Ordinance, pursuant to Minnesota Statutes § 462.355, subd. 4, providing for a moratorium and prohibition on the siting, development, construction or operation of (i) any new animal feedlots or confinement units to serve, house or feed more than 500 animal units, or (ii) any expansion of existing animal feedlots or confinement structures to serve, house or feed more than 500 animal units.WHEREAS, the Preble Township Board of Supervisors is aware that the State of Minnesota, through the Pollution Control Agency, has preempted and established exclusive jurisdiction to regulate pollution, manure management and other operational matters related to animal feedlots.WHEREAS, the Preble Township Board of Supervisors has no intention, by enacting this Interim Ordinance, of regulating any pollution, manure management, air quality or other animal feedlot operational matters.THEREFORE, BE IT RESOLVED, the Preble Township Board of Supervisors hereby approves and adopts the following Interim Ordinance Affecting Animal Feedlots, pursuant to Minnesota Statutes § 462.355, subd. 4, to require a moratorium and prohibition on the siting, development, construction, or operation of (i) any new animal feedlots or confinement units to hold, house, breed or feed more than 500 animal units, or (ii) any expansion of existing animal feedlots or confinement structures to hold, house, breed or feed more than 500 animal units:PREBLE TOWNSHIPINTERIM ORDINANCEAFFECTING ANIMAL FEEDLOTS1.The Preble Township Board of Supervisors hereby approves and enacts this Interim Ordinance Affecting Animal Feedlots (Interim Ordinance), pursuant to the authority granted to Preble Township by Minnesota Statutes § 462.355, subd. 4. This Interim Ordinance shall be effective immediately and shall operate for a period of one year ending automatically on April 18, 2006, unless terminated earlier or extended by a subsequent decision of the Preble Township Board of Supervisors.2.During the operation period of this Interim Ordinance, Preble Township prohibits the siting, development, construction or operation, within the boundaries of Preble Township, of (i) any new animal feedlot or confinement structure intended to hold, house, breed, or feed more than 500 animal units, or (ii) any expansion or upgrading of an existing animal feedlot or confinement structure intended to hold, house, breed or feed more than 500 animal units. The term “animal units” is consistent with the definition of that same term contained in (i) Minnesota Statutes § 116.06, subd. 4a, and (ii) section 728.05 of the Fillmore County Feedlot Ordinance. Section 728.05 of the Fillmore County Feedlot Ordinance shall be used, for calculations only, by Preble Township to determine the number of animal units allowed for a new or expanded or upgraded animal feedlot or confinement structures during the period of this Interim Ordinance.3.The term ‘animal feedlot or confinement structure’ means a lot or building, or combination of contiguous lots and buildings, intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy facilities, swine facilities, beef lots and barns, horse stalls, mink ranches and domesticated animal zoos, shall be considered to be animal feedlots or confinement structures.4.During the period of this Interim Ordinance, no animal feedlot zoning permit shall be issued by Preble Township authorizing any individual to site, develop, construct or operate, within the boundaries of Preble Township, (i) any new animal feedlot or confinement structure intended to hold, house, breed or feed more than 500 animal units, or (ii) any expansion or upgrading of an existing animal feedlot or confinement structure intended to hold, house, breed or feed more than 500 animal units.5.This Interim Ordinance is not intended to prohibit the siting, development, construction, upgrading or operation of any animal feedlot or confinement structures serving, housing or feeding 500 or fewer animal units.6.If any individual violates this Interim Ordinance, the Preble Township Board of Supervisors may order the violating work stopped by written stop order notice personally served upon the operator of the feedlot. All violating activities shall cease and desist until subsequent authorization to proceed is received from Preble Township. Additionally, such individual shall be liable to Preble Township (i) for fines in the amount of up to $200 per day for each daily violation of this Interim Ordinance, and (ii) all costs of Preble Township enforcing and defending this Interim Ordinance, including all attorneys fees incurred by Preble Township. Additionally, Preble Township shall be entitled to seek and obtain an injunction and other remedies from the Minnesota District Court in Fillmore County, to prevent any further or continuing violations of this Interim Ordinance.RESOLVED FURTHER, a designated representative of the Board of Supervisors of this Township shall meet and confer with the Fillmore County Zoning Administrator to discuss the nature, intent and details of this Interim Ordinance for the purpose of obtaining the Zoning Administrator’s cooperation to prevent any zoning, use or building permits from being issued by the Zoning Administrator for land or parcels located within Preble Township for uses prohibited by this Interim Ordinance.RESOLVED FURTHER, this Interim Zoning Ordinance shall become effective immediately, and shall automatically expire on April 18, 2006, unless otherwise extended, replaced or earlier terminated by action of the Township Board of Supervisors.

RESOLVED FURTHER, that copies of this ordinance shall be (i) published once in the Fillmore County Journal, (ii) posted in an appropriate location at the Preble Town Hall, (iii) recorded in the Preble Township ordinance book together with proof of publication, (iv) delivered to the Fillmore County Zoning Administrator and Minnesota Department of Agriculture, and (v) recorded in the Fillmore County Recorder’s Office.Dated: April 19, 2005Gerald Peter, SupervisorBrad Kelly, SupervisorDavid Williams, SupervisorPublish 25

No Comments Yet. Be the first to comment!







Your comment submission is also an acknowledgement that this information may be reprinted in other formats such as the newspaper.


Vote for Pieper
Studio A Photography