Tuesday, April 29, 2014

Biosolids: 400 feet setback based on medical reasons : Doctor forms





Great comments from the paper: 

This story did not include that the sub-committee also recommends that the following language shall be printed on all preliminary and recorded plats, presented to property owners who request a zoning classification change from A-1 to RR-A for the expressed purpose of building a rural residential dwelling, and/or provided to mortgages in loan closing packages...

"It is advised that these residential building lots are located in an agricultural area. Agriculture is the primary economic activity surrounding this zoning district. Owners, residents, an other users of property may be subject to inconvenience or discomfort arising from agricultural operations even though conducted in accordance with best management practices and in accordance with laws and regulations of the Commonwealth and the County. Such agricultural operations may generate noise, odors, and dust; may involve the operation of machinery, including aircraft, during any portion of a 24 hour day; and may involve the storage and disposal of manure or biosolids, and the application of fertilizer, soil amendments and pesticides/herbicides. Owners, occupants, and users of land should be prepared to accept such inconveniences or discomforts as a normal and necessary aspect of living in an agricultural zoning district in a county with a strong rural character and an active agricultural sector."

Mr. Blackstock and Mr. Arthur were wise to vote against this proposition. There is no shortage of agricultural property in Pittsylvania Co. Most land bears that zoning designation. The committee produced no documentation comparing negative and positive impacts of the proposal. The proposal seems less about farming and more about spreading sludge.

There are many question which should be asked and answered before this is sent to the planning commission Oh, that's right...citizens were asked to submit questions and did. They were initially told they'd be posted on the county website and answered. But, the subcommittee voted to deny this action by a vote of 6-2.

Look for your taxes to rise as the residential tax-base stagnates or decreases in the county...just so a few powerful agribusinesses can spread poo."
More comments:  My question to the VA Health Dept where was the form for your doctor can fill out if you have medical problems because the setbacks are 400 ft. from your home:

Very important information about extensive setbacks for health problems:  Biosolids: 400 feet setback based on medical reasons info:   
 
 


Managing Your Asthma
EPA suggestion:  Avoid land application when wind,  conditions favor transport of odors to residential areas (USEPA & USDA,2000).
 

Biosolids: 400 feet setback based on medical reasons doctor forms:   Virginia Department of Health regarding extended setbacks from biosolids land application fields  The requested form can be found as part of the Forms section of the Virginia Pollution Abatement (VPA) Permit Regulation 9VAC25-32. 
A link to the form below:  

 

 

Setback Committee recommends new zoning class:  (the real reason for the setbacks according to Winn is about POO :   He said if someone puts a house or well close to a property line, it could put a farmer out of compliance with state permits for spreading manure and sludge. “Basically, we’re trying to get a little bit of protection for what we do, where we do it, and how we do it,” Winn said.)

By TIM DAVIS
Star-Tribune Editor | Posted: Wednesday, April 23, 2014 10:02 am 

            
A subcommittee formed to study property line setbacks and how they affect farming operations in Pittsylvania County voted 6-2 Monday to recommend a new zoning classification — rural residential-agriculture.

The new zoning, if approved, would expand minimum lot size and setback requirements for future residential development in A-1 areas of the county.

It would not affect existing residential property, which would be grandfathered.

The Joint Setback Study Subcommittee’s proposal calls for the county’s minimum lot size to increase from 20,000 square feet — or a little less than half an acre — to 2.5 acres for residential property bordering agricultural land.

Setbacks for dwellings also would increase for property zoned RR-A: At least 100 feet in front from the lot line and 150 feet for the sides and back.

In addition, wells would have to be at least100 feet from property line.

However, the new zoning classification provides for “cluster lots,” which offer smaller minimum lot sizes and setbacks in agricultural areas.

Cluster lots range from 1.75 acres for exterior lots — those bordering farming on at least two sides — to three-quarters of an acre for interior lots. Setbacks for interior lots are 50 feet.

According to the recommendation, property owners could still put two dwellings on A-1 land without having it rezoned to RR-A.

However, land adjoining or cut from A-1 for other residential dwellings would have to be rezoned to RR-A.

Appointed by the Board of Supervisors, the eight-member subcommittee includes two members of the board, Westover District Supervisor Coy Harville and Staunton River District Supervisor Elton Blackstock, as well as two members of the county’s planning commission, Richard Motley of Chatham and Curtis Arthur of Hurt.  Other members include Roger Jefferson of Chatham, George Winn of Gretna, Tim Clark of Gretna, and Robert Anderson of Ringgold.  Jefferson, a dairy farmer, and Winn, who raises beef cattle, are members of the Agricultural Development Board.  Clark and Anderson represent real estate and community development.

The committee has met monthly since January at the Olde Dominion Agricultural Complex in Chatham.
At Monday’s meeting, Harville made a motion to recommend the committee’s proposal for a new zoning district to the Board of Supervisors. Clark seconded the motion.

According to Harville, the county’s attorney will review the recommendations, and supervisors will decide whether to send the proposal to the planning commission.

The planning commission would hold a public hearing before presenting a final draft to supervisors.
The subcommittee looked at how property setbacks affect farms, particularly those that spread organic fertilizer and biosolids.

Organic fertilizers include manure from dairy, chicken, horse, and beef farms. Biosolids is treated sludge from municipal sewage treatment plants.

Problems occur when homeowners move in or build next to working farms. If the lot is small and homeowners put a house or well close to the property line, required setbacks prevent farmers from spreading manure or sludge on part of their fields.

Setbacks specify the space that must be observed from property lines, dwellings and wells.

Under state law, animal waste and biosolids must be kept at least 200 feet from occupied dwellings, 100 feet from a wells, and 100 feet from property lines.

Winn, who is chairman of the Agricultural Development Board, said farmers want the same zoning protections other property owners have.

He said if someone puts a house or well close to a property line, it could put a farmer out of compliance with state permits for spreading manure and sludge.

“Basically, we’re trying to get a little bit of protection for what we do, where we do it, and how we do it,” Winn said.

Blackstock and Arthur voted against the recommendation.

“I like to know exactly what I’m voting on,” Blackstock said. “I’d like the details to be worked out before moving forward.”

http://www.chathamstartribune.com/news/article_e85d4868-caef-11e3-89ac-0019bb2963f4.html

Regulations about BiosolidsSetback up to 400 ft for medical reasons

1The setback distance to occupied dwellings may be reduced or waived upon written consent of the occupant and landowner of the dwelling.

2The department shall grant to any landowner or resident in the vicinity of a biosolids land application site an extended setback of up to 200 feet from their property line and up to 400 feet from their occupied dwelling upon request from their physician based on medical reasons.

 In order for an extended setback request to be granted, the request must be submitted to the department in writing on a form provided by the department. A request must be received by the department no later than 48 hours before land application commences on the field affected by the extended setback, and communicated to the permittee no later than 24 hours before land application commences on the field affected by the extended setback. The department may extend a setback distance within 48 hours of land application if requested by the Virginia Department of Health in connection with the landowner or resident's physician.

3Setback distances may be extended beyond 400 feet where an evaluation by the Virginia Department of Health determines that a setback in excess of 400 feet is necessary to prevent specific and immediate injury to the health of an individual.

4The setback distance to property lines may be reduced or waived upon written consent of the landowner.

 The website for more information is here:  Virginia Department of Health regarding extended setbacks from biosolids land application fields  The requested form can be found as part of the Forms section of the Virginia Pollution Abatement (VPA) Permit Regulation 9VAC25-32.  I have included a link to the form below.