§ 503. Conditional uses.

1.

More than one caretaker or employee residence, only one per five acres of land. At least one of the occupants of the residence must be employed on the farm.

2.

Reserved.

3.

Family residences other than the primary residence of the owner (residences for family members), one per two acres of land. The tract or parcel cannot be subdivided if the tract is to be conveyed to a new owner and the original tract or parcel will have less than 25 acres after being subdivided.

4.

Hog farms (hog parlors) of 3,000 hogs or less; dairy farms (300 cows or less); feed lots for 500 cows or less, commercial egg operations (cage layers); provided that no structure housing such poultry or livestock is located closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.

5.

Turkey ranges provided that no structure housing such poultry is located closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.

6.

Animal waste lagoons provided they are not located any closer than 600 feet from an existing dwelling other than that of the property owner or 400 feet from any common property line.

7.

Uses and structures permitted under section 502, paragraph 8, when the structures housing the poultry and/or livestock do not meet the minimum setback requirements from existing dwellings and common property lines as set forth therein. Notwithstanding the foregoing, the structures located on the land housing the poultry or livestock shall not exceed ten percent of the land area.

8.

Farm supply stores and agricultural-related businesses, including agricultural implement sales and service, auction facilities, feed and grain stores and other businesses not involving sales or services to the general public.

9.

Livestock sales pavilion.

10.

Barns and/or corrals and/or kennels, which house small numbers of animals that are not being raised for commercial purposes, except for isolated sales not in the ordinary course of business, including, without limitation, poultry, livestock, horses, goats, sheep, mules, dogs, cats, and donkeys, located closer than 50 feet from any adjacent property line.

11.

Riding stables and academies, including any place that regularly breeds, boards, trains, buys, sells, trades or lets for hire any horse, donkey, burro or mule, provided that no structure or corral housing such animals is located closer than 200 feet from an existing dwelling other than that of the property owner and 100 feet from any adjacent property line.

12.

Septage handling facilities and direct land application but only as a Conditional Use in the Commercial Agricultural District, subject to the following requirements:

A.

Septage removal permits. Any person engaged in the business of septage removal in Banks County, Georgia, shall furnish the Planning Department of Banks County with a copy of its Application for Septage Removal Permit (the "Application") and its Septage Removal Permit issued by the Banks County Board of Health. No person shall operate a septage removal business in Banks County without a Septage Removal Permit. All septage removal shall be in compliance with Chapter 290-5-26 of the Rules of the Department of Human Resources of the State of Georgia and the following:

Standards for septage removal—The following requirements shall be met by individuals permitted for septage removal.

a)

The manner in which septage will be disposed of, shall be included on the application for septage removal. Written authorization shall be submitted with the application from wastewater treatment plants, separate septage handling facilities or land owners of land application sites.

b)

The manner in which septage will be removed and transported shall be included on the application for septage removal.

c)

Access to the septic tank contents shall be by removal of the lids or access ports. Individuals breaking holes in the septic tank or lids will be subject to permit suspension or revocation.

d)

Septage removal means the complete removal of the contents including the liquid, sludge and scum.

e)

The inlet and outlet "T"s will be inspected for blockage and damage. If "T"s are missing or damaged, the owner will be notified in writing. Missing or damaged "T"s should be replaced.

f)

Excavated soil will be replaced.

g)

Written documentation shall be provided to the septic tank owner, noting the condition of the septic tank. This shall include any damage or missing components observed, and a copy will be provided to the Banks County Planning Department.

B.

Septage disposal:

a)

Septage handling facilities shall comply with the ordinances and codes of Banks County.

b)

Direct land application:

(i)

Land application of domestic septage shall be in accordance with the Code of Federal Regulations ("CFR"), Title 40, Part 503.

(ii)

Disposal of domestic septage by land application shall only be applied to land with a low potential for public exposure. This is land that the public uses infrequently which includes but is not limited to: agriculture land, forests and reclamation sites located in unpopulated areas.

(iii)

The two approved land application methods for the disposal of domestic septage are subsurface application and surface spreading.

C.

Locations of land disposal sites:

a)

Approval in writing shall be obtained from the Banks County Planning Department for each site at which a person plans to dispose of domestic septage after review of the Application.

b)

Sandy soils overlaying an unconfined aquifer, which is used or may be used as a principal source of potable drinking water, shall not be utilized as land disposal sites for septage.

c)

Land disposal sites for surface application of septage shall not be located in the watershed of a reservoir or a potential reservoir of a watershed or a stream extending from a reservoir or potential reservoir which is upstream of an intake for drinking water supply.

d)

Sites shall be well drained and are not to be used where soil surveys, soil studies, soil types, areas of Karst, or other geological data indicate the existence of soil conditions which would preclude safe and proper disposal.

e)

Property of less than fifty (50) contiguous acres (separated by a County maintained public road is not contiguous) shall not be used for the disposal of domestic septage.

f)

Land disposal sites shall not be located within 500 feet of an individual water supply source.

g)

Land disposal sites shall not be located within 500 feet of a public water supply well, residence or other facility used or frequented by the public.

h)

No land disposal site shall be located within 500 feet of any water impoundment, lake, stream, pond, reservoir, marsh, sinkhole, coastal waters or any permanent or intermittent waterbody considered waters of the State.

i)

Disposal sites with slopes exceeding 15% are considered unsuitable for land disposal of septage.

j)

No disposal of domestic septage by land application within five hundred (500) feet of a residential dwelling.

k)

No disposal of domestic septage by land application within one hundred (100) feet of a site's boundary lines.

l)

No disposal of domestic septage by land application within two hundred (200) feet of a structure that houses animals, poultry or live stock.

D.

Management of land disposal sites.

a)

Each land disposal site entrance shall be posted with "No Trespassing" signs, identified as a land application disposal site for domestic septage and facilities shall be fenced by a six-feet security fence around the perimeter of the disposal site.

b)

No industrial, solid or hazardous wastes shall be deposited on the site.

c)

The pH of the soil/septage mixture is to be maintained at 6.5 or greater at all times.

d)

The pH of the soil in the land disposal area is not to go below 6.5 as measured by annual soil tests.

e)

The annual cadmium (Cd) levels are not to exceed 0.5 Kg/Hectare/year. The following formula can be used to convert ppm to Kg/Hectare: ppm × 1.12 = Kg / Hectare.

E.

Pathogen control management. The following management practices, found in 40 CFR Part 503-32(b)(5), must be met for compliance with pathogen control requirements:

a)

Septage shall not be applied to any portion of a site that is within 300 feet of any lake, stream, pond, reservoir or any permanent or intermittent waterbody considered waters of the state;

b)

Food crops with harvested parts that touch the land surface shall not be harvested for 14 months after septage application;

c)

Food crops with harvested parts that develop above the land surface, feed crops, or fiber crops shall not be harvested for 30 days after application of septage;

d)

Food crops with harvested parts below the land surface shall not be harvested for 38 months after application of septage;

e)

Animals shall not be allowed to graze on the land for 30 days after application of septage;

f)

Turf grown on land where septage is applied shall not be harvested for one year after application of septage; and

g)

Public access shall be restricted for 30 days after application of septage.

F.

Vector reduction management. The following management practices, found in 40 CFR Part 503.33, must be met for compliance with vector reduction requirements.

a)

Septage shall be injected below the surface of the land and no significant amount of septage shall be present on the land surface within one hour after the septage is injected. Injection may be accomplished by any device(s) that places the septage beneath the soil surface in a narrow trench at a depth of no greater than 18 inches and promptly replaces the cover soil in the same action of trenching and placing septage. Excavation of a trench followed by placement of septage and later covering of the trench is not considered injection.

b)

Septage applied to the surface of the land shall be incorporated into the soil within six hours after septage application or

c)

The pH of domestic septage shall be raised to 12 or higher by alkali addition and, without the addition of more alkali, shall remain at 12 or higher for 30 minutes. Septage is to be applied in a manner which will prevent any ponding standing of liquid on the land surface twenty four hours after application.

Note: Each container of domestic septage must be monitored for compliance with 503.33(b)(12).

G.

Application rate. The annual application rate for septage applied to a land application site shall not exceed 40,000 gallons per acre per year. The septage must be spread or injected as evenly as possible over the entire acreage where the crop or vegetation is grown. This rate is calculated assuming a value of 100 pounds per acre per year of nitrogen required by the crop or vegetation grown on the land. The formula is found as equation 1, in 40 CFR Part 503.13(c)

H.

Record keeping. Individuals involved in land application of domestic septage shall maintain the following information for five years and that information shall be available for inspection by the Banks County Planning Department.

a)

The location, by either street address or latitude and longitude, of each site on which domestic septage is applied.

b)

The number of acres of each site on which domestic septage is applied.

c)

The date, time, and quantity of domestic septage applied to each site.

d)

The crop or vegetation grown on each site.

e)

The rate in gallons per acre per year at which septage is applied to each site.

f)

The following certification statement: "I certify, under penalty of law, that the pathogen requirements in section 503.32(c)(1) and the vector attraction requirements in section 503.33(b)(9) or (b)(10) have been met. This determination has been made under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements and vector attraction reduction requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine or imprisonment".

g)

A description of how management requirements for pathogens and vector attraction reduction requirements as required by this Ordinance are met.

h)

The name of the company and signature of the person who applied the septage.

I.

Compliance. Compliance with management practices, vector attraction practices and application rates may be determined by review of records required by this Ordinance.

J.

Septage holding facilities. It is necessary that all septage land disposal systems have an alternative method for the temporary holding of septage during periods of adverse weather, and such systems shall meet the following requirements: a) No overflow or leakage of septage may be allowed from the system onto the ground surface, into surface waters or the groundwater table; b) Odors from such systems are to be controlled at all times; c) Septage is to be removed from the holding facility to the land disposal system as soon as weather and soil conditions permit.

K.

Surface (land) application. Surface application is a frequently used septage disposal method, but as with any surface application technique, some nitrogen (N) loss occurs through ammonia volatilization. Consideration should be given to intermediate holding facilities before application to the land. Storage is necessary just prior to or during, periods of precipitation in order to prevent run off of contaminated water. In winter months, land application should be limited to non-frozen surfaces to prevent run off during thaws. Intermediate holding facilities are required for those seasonal periods when ground surfaces are frozen. Pathogen die-off during storage is also a factor in favor of using storage facilities. Pre-treatment may be required to avoid odors and to meet vector attraction reduction requirements.

L.

Subsurface application. Subsurface application techniques include plow furrow cover (PFC), subsurface injection (SSI), and terreater injection, which is a patented device for subsurface injection. Placement in trenches and lagoons are considered burial practices and are not approved. Soil incorporation techniques offer better odor and vector control than surface spreading techniques. A storage facility approved by the Banks County Planning Department is required. A resting period of one to two weeks is required before equipment can be driven over waste incorporated land.

13.

Commercial kennels, if such structures shall be located closer than 400 feet from any adjacent property line and/or closer than 800 feet from any residence on adjacent property.

14.

Campgrounds for not more than ten spaces for vehicles (recreational vehicles and campers). If approved as a conditional use, campgrounds with not more than ten spaces shall not have to comply with Chapters 50 and 51 of the Code of Banks County.

(Res. No. 98-20, § 1(503), 12-9-1998; Res. No. 2000-06, § 1, 2-8-2000; Res. No. 2002-02, § 1, 1-8-2002; Ord. No. 2002-13, § 4, 5, 7-9-2002; Ord. No. 2004-18, § 3, 7-13-2004; Ord. No. 2005-29, § 1, 9-13-2005; Ord. No. 2015-12 , § 1, 7-14-2015)