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HomeMy WebLinkAboutCOM 0554.004 2014-2016Margaret Wille Council Member District 9 - North and South Kohala Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 HAWAII COUNTY COUNCIL County of Hawai `i Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 6Vaimea, Hawaii 96743 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawaii Civic Center Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i,96740 Please find attached proposed amendments to Bill No. 116, Draft 1. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No. 116, Draft 1 (material to be deleted is bracketed and stricken, material to be added is underscored). 1. Bill No. 116, Draft l,is amended by amending Section 2 to "read as follows: "SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Agricultural products" means the commodities resulting from income producing activities or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, apiary products (royal jelly, bee pollen, beeswax), forage, and timber; farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation[;] Land production of compost or mulch." "Agricultural tourism, major" means an agriculture tourism operation which has between five thousand and thirty thousand visitors annually." "Agricultural tourism, minor" means an agricultural tourism operation which has less than 'I-, 40meRa Roa Serving the Interests of the People of Our Island Ref. TCA G Hawaii County Is An Equal Opportunity Provider And Employer Ref, Date DEQ 0 1 20t5 to CD TO: Dru Mamo Kanuha, Council Chair C -D and Members of the Hawaii County Council w T' FROM: v�Margaret Wille, Council Member = L_' DATE: November 30, 2015 SUBJECT: Proposed Amendment to Bill No. 116, Draft 1; Relating to Agricultural ` Tourism Please find attached proposed amendments to Bill No. 116, Draft 1. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No. 116, Draft 1 (material to be deleted is bracketed and stricken, material to be added is underscored). 1. Bill No. 116, Draft l,is amended by amending Section 2 to "read as follows: "SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Agricultural products" means the commodities resulting from income producing activities or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, apiary products (royal jelly, bee pollen, beeswax), forage, and timber; farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation[;] Land production of compost or mulch." "Agricultural tourism, major" means an agriculture tourism operation which has between five thousand and thirty thousand visitors annually." "Agricultural tourism, minor" means an agricultural tourism operation which has less than 'I-, 40meRa Roa Serving the Interests of the People of Our Island Ref. TCA G Hawaii County Is An Equal Opportunity Provider And Employer Ref, Date DEQ 0 1 20t5 Page 2 of 15 five thousand visitors annually." 2. Bill No. 116, Draft 1, is amended by amending Section 3 to read as follows: "SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending subsection (g) to read as follows: IBM ................ ..... _..�.a Plan approval shall be required for all major ag tourism operations and prior to the construction or installation of any new or expanded structure at any agricultural tourism operation other than for farm stands. " 3. Bill No. 116, Draft 1, is amended by amending Section 4 to read as follows: "SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: Section 25-2-75. Plan approval application requirements for agricultural tourism. (a) In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (1) A statement whether the operation will allow visits by buses, and if buses are permitted, the maximum number of seats; (2) Adequate off street parking, loading, unloading, and turn -around space to accommodate all specified tour transportation modes, including buses, if they are allowed, shall be provided and shown on the site. Adequate turn around space must be provided for ambulances and fire trucks. (3) Major agricultural tourism operations, must have an existing physical legal access to a public highway, which may be via a private road or easement, provided the private road or easement is used exclusively by the agricultural operation. (4) New driveways shall meet applicable County or State standards; Page 3 of 15 (5) New and existing facilities to be utilized principally for the agricultural tourism activity shall be clearly indicated on the plot plan; (6) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25- 4-15(d)(1); and (7) Proof of liability insurance shall be required of all agricultural tourism operations except under circumstances where the applicant or operator demonstrates that liability insurance is not obtainable, such as in a Lava 1 (high risk) zone. (b) Applicants proposing a minor agricultural tourism operation may request a waiver from the planning department from the requirement for a site drainage plan as provided in section 25-2-72, upon a showing that there would be no significant run- off resulting from the proposed development." 4. Bill No. 116, Draft 1, is amended by amending Section 5 to read as follows: "SECTION 5. Chapter 25, article 4, division 1, section 25-4-15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, if the activity conforms with section 25-4-15(d) and plan approval is obtained where required under section 25-2-71. (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) Agricultural tourism operations shall comply with the following regulations: (1) Major agricultural tourism operations must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the Page 4 of 15 commencement of the agricultural tourism activity or, in the case of a new agricultural activity or agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales. Minor agricultural tourism operations shall submit evidence of filing an IRS 1040 form Schedule F (Profit and Loss from Farming) or such other IRS form showing profit and loss from farming; (2) A minor agricultural tourism operation shall have a maximum of five thousand visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually, unless otherwise approved by the commission to ensure that the allowance for an increase in visitor count will not have an adverse environmental impact and that the proposed operation will be compatible with the use of land in the surrounding neighborhood; (3) Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily, unless otherwise approved by the commission upon a finding there would be no adverse impact on the surrounding area; (4) In the case of major agricultural tourism operations, unless otherwise approved by the Planning Commission, the subject property must have an existing legal access to a public highway, which may be via a private road or easement provided the private road or easement is used exclusively by the agricultural operation, and any new driveways shall meet applicable County or State standards; (5) Agricultural tourism operations shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawaii Revised Statutes, relating to noise; (6) All visitor and employee parking, loading/unloading, and vehicular turn -around areas, including for ambulances and fire trucks, shall be located on-site, unless otherwise approved by the commission to ensure there would be no adverse Page 5 of 15 impact on the surrounding neighborhood; (7) Maintain liability insurance; (8) Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural products processing facility except where due to unforeseen environmental or economic conditions, or, for up to five years in the case of a new agricultural activity or agricultural products processing facility; (9) For major agricultural tourism operations, buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural operation is available from a State or County road. For minor agricultural tourism operations, buses transporting up to fifteen passengers shall be allowed; (10) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. Incidental sales of non-agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; (11) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; [] (12) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval [..]; The following activities are not permitted as part of any agricultural tourism operation: dances, mechanical amusement rides, dirt bikes, all - terrain vehicles, and other off road motorized vehicles; and Page 6 of 15 (14) No agricultural tourism operation is permitted in Waipi'o Valley or in other locations where the property is only accessible by four-wheel drive, unless such operation has been approved by the planning commission following a public hearing held in the general area of the posed agricultural tourism operation. (e) Any agricultural tourism activity that is not in compliance with the regulations under section 25-4-15(d) or appropriately permitted as provided by section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section that has not received plan approval, may continue such use subject to providing proof of compliance with this chapter within twelve months of the effective date of this ordinance. (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, [204-0] 2017, and, if an application for a special permit or a use permit has been received and accepted by May 20, [2-04-012017, may continue such use until final action has been taken on the application. After May 20, [204-0] 2017, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. (h) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit, or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4-15(d). (i) An agricultural tourism activity that becomes non-compliant with the standards of section 25-4-15(d) because of an increase in the number of visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. (j) An agricultural tourism activity shall register with the Department of Planning annually on forms provided by the Department and submit financial records and a daily visitor count record to the director on an annual basis to verify compliance with Page 7 of 15 this section, in such format as the director may require. The daily visitor count record shall also be furnished to the director upon request. (k) The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4-15(d) (2), and may require that an activity be required to obtain plan approval or apply for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit. The Planning Department may conduct a site visit of any proposed agricultural tourism operation and may make periodic visits of an agricultural tourism operation without prior notification. (in) In the event of any violation the operator may be fined up to $1000, however unless provided otherwise in County or State Law the operator shall be given 90 days to make the correction or to submit an application for a variance or to file an application for a major agricultural operation. If the violation continues past 90 days the operator may be fined up to $1000 per day for each additional day that the violation continues_" A draft copy of Bill No. 116, Draft 2, is attached with the amendments incorporated therein. Thank you. MW/dh Att. Page 8 of 15 AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 1, ARTICLE 2, AND ARTICLE 4 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AGRICULTURAL TOURISM. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "Agricultural tourism" to read as follows: ""Agricultural tourism" means [visitor- relate` eommer-cial aetivities of eodie se al events designed to promote agfietiltufal aetivities eendueted on a working fafm, mneh-,-ef agrieultur-alpr-educts g f e4it -] the activity of visiting an agribusiness, horticultural, aquacultural or agricultural operation that is managed by the owner or by an operator residing at the subject property, for the purpose of recreation, education, or active involvement in the operation, other than as a contractor or employee of the operation." SECTION 2. Chapter 25, article 1, section 25-1-5, subsection (b) of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding the following definitions to be appropriately inserted and to read as follows: "Agricultural products" means the commodities resulting from income producing activities or uses such as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, apiary products (royal jelly, bee pollen, beeswax),forage, and timber; farming or ranching activities or uses related to animal husbandry, aquaculture, or game and fish propagation; and production of compost or mulch." "Agricultural tourism, major" means an agriculture tourism operation which has between five thousand and thirty thousand visitors annually." "Agricultural tourism, minor" means an agricultural tourism operation which has less than five thousand visitors annually." Page 9 of 15 SECTION 3. Chapter 25, article 2, division 7, section 25-2-71 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "(g) Plan approval shall be required [the esta list i,.,o„t of any agr4etiltur-al +,.,,,.;s,,, .fivity as permitted under- seeti ,., 25 n 15(b) for all major ag tourism operations and prior to the construction or installation of any new or expanded structure at any agricultural tourism operation other than for farm stands." SECTION 4. Chapter 25, article 2, division 7, section 25-2-75 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-2-75. Plan approval application requirements for agricultural tourism. (a) In addition to the application requirements for plan approval contained in section 25-2-72, an application for plan approval for agricultural tourism operations shall include sufficient information to ensure the following provisions are met: (1) A statement whether the operation will allow visits by buses[;], and if buses are permitted, the maximum number of seats; (2) Adequate off street parking, [ ,] loading, unloading, and turn -around space to accommodate all specified tour transportation modes, including buses, if they are allowed, shall be provided and shown on the site plan. Adequate turn around space must be provided for ambulances and fire trucks. (3) [Thn-subjeet pr-epe *• ] Major agricultural tourism operations, must have an existing physical legal access to a public highway, which may be via a private road or easement, provided the private road or easement is used exclusively by the agricultural operation. [mow] New driveways shall meet applicable [eery] County or [state] State standards; [(4)]fQ New and existing facilities to be utilized principally for the agricultural tourism activity shall be clearly indicated on the plot plant [and shall net =ehieular aeeesses; ate] Page 10 of 15 [(3)](6) Proof, acceptable to the director, of income from agricultural activities and/or agricultural products processing, or investment, as required under section 25-4-15(d)(1)[.], and Q Proof of liability insurances hall be required of all agricultural tourism operations except under circumstances where the applicant or operator demonstrates that liability insurance is not obtainable, such as in a Lava 1 (him)zone. (16) Applicants proposing a minor agricultural tourism operation may request a waiver from the planning department from the requirement for a site drainage plan as provided in section 25-2-72, upon a showing that there would be no significant run- off resulting from the proposed development." SECTION 5. Chapter 25, article 4, division 1, section 25-4-15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 25-4-15. Agricultural tourism. (a) Agricultural tourism is permitted as an accessory use to agricultural processing facilities in the CG, CDH, CV, CN, ML, MG, and MCX districts. (b) Agricultural tourism is permitted as an accessory use to agricultural activities and agricultural processing facilities in the A, FA, IA, RA, and APD districts, [subjeet to if the activity conforms with section 25-4-15(d) and plan approval is obtained where required under section 25-2-71 [and in eon-fonnanee with section 25 n 15(d)] (c) Agricultural tourism activities in A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a special permit in the state land use agricultural or rural districts, or a use permit in the state land use urban district. (d) Agricultural tourism operations shall comply with the following regulations: (1) r_T�, �� � e fivitor- ,lt a pr -„duets f lit ] Major [The agr.cu��;�un, agricultural tourism operations must have a minimum of $10,000 in verifiable gross sales, exclusive of any income from agricultural tourism activities or any other non-agricultural activities, for the year preceding the commencement of the agricultural tourism activity or, in the case of a new agricultural activity or Page 11 of 15 agricultural products processing facility, provide evidence to the director's satisfaction that sufficient investment has been made in the planting of crops, acquisition of livestock, or construction of agricultural products processing facilities, that the agricultural activity or agricultural processing facility will achieve the minimum required gross sales[;]. Minor agricultural tourism operations shall submit evidence of filing an IRS 1040 form Schedule F (Profit and Loss from Farming) or such other IRS form showing profit and loss from farming, [{ Agrieult-ur- lrar our -ism ccetivities shall noteonffnenee r- to 8:00 ., or-i4;mie past 6:00 . ; (3)]Q [The] A minor agricultural tourism operation shall have a maximum of [fl+k4y annually]thousand visitors five thousand visitors annually, but not to exceed one hundred visitors per week, that access the activity via passenger vehicles that carry no more than fifteen people per vehicle. Major agricultural tourism operations shall have a maximum of thirty thousand visitors annually, unless otherwise approved by the commission to ensure that the allowance for an increase in visitor count will not have an adverse environmental impact and that the proposed operation will be compatible with the use of land in the surrounding neighborhood; fD Agricultural tourism activities shall not commence prior to 8:00 a.m. or continue past 6:00 p.m. daily[;], unless otherwise approved by the commission upon a finding there would be no adverse impact on the surrounding area; In the case of major agricultural tourism operations, unless otherwise approved by the Planning Commission, the subject property must have an existing legal access to a public highway, which may be via a private road or easement provided the private road or easement is used exclusively by the agricultural operation, and any new driveways shall meet applicable County or State standards; Agricultural tourism operations shall comply with chapter 14, article 3 of this Code and chapter 342F of the Hawaii Revised Statutes, relating to noise; Page 12 of 15 [{4}] fo All visitor and employee parking, loading/unloading, and vehicular turn- around areas, including for ambulances and fire trucks, shall be located [off- street;] ofdstreet] on-site, unless otherwise approved by the commission to ensure there would be no adverse impact on the surrounding neighborhood; Maintain liability insurance; [{5.} The total area of spaees, ineluding eovered deeks, ) tepAs gazebos whether- newly a r,st,-„ated o ,.,thine ,sting stfu twes7 to be utilized ..ally for- thea „lt„ral tourism aetiy tom%) but not ,nol„d,na par -king and �1., 1 hall oe eee thousand square f e+ YVT12ai_iTrr��%-e`�pva�+JJ areas, f d 7J [(g}] M Gross revenues from agricultural tourism shall not exceed the gross revenues of the associated agricultural activity and/or agricultural products processing facility[, ; eluding revenues ftem ad;aeent par -eels , nde,. the same evaler-ship, except where [;t -ea--n be dem„nstrated to the dir-eeter-'s satisfaction that the n „ltural n „duets/. r-oeessina ineome is less than fifty neraent of the total ineeme] due to unforeseen environmental or economic conditions [for- not filor-e than twe eensea„tive years], or, for up to five years in the case of a new agricultural activity or agricultural products processing facility [) that suffle ent investment has been made so that ;t ; reasonable ton eet that the operation's and p ;ded fuAher that the sale of all items w-hieh ;nel„de or agrioultufal pr-oeessing f4eility shall be ineluded in the gross revenues of the asseeiated a „ltufal aetiy tyor- „!+ural p n f a;lit-y]• ) For major agricultural tourism operations, buses transporting fifteen or more passengers shall be allowed, provided access to the major agricultural operation is available from a State or County road. For minor agricultural tourism operations, buses transporting ub to fifteen passengers shall be allowed: [{�}]1100) Sales of agricultural products grown on the island of Hawaii, and processed agricultural products where the main ingredient was grown on the island of Hawaii shall be allowed as part of the agricultural tourism operation. Page 13 of 15 Incidental sales of non-agricultural promotional items, including but not limited to, coffee mugs, tee shirts, etc., shall be permitted provided: (A) The items are specifically promotional to the site's agricultural activities and/or product; and (B) The gross revenues from the sale of non-agricultural promotional items shall be included with the gross revenues from the agricultural tourism activities; [(�)](11) Agricultural tourism in the A, FA, IA, and RA districts shall not include weddings, parties, restaurants, schools, catered events, or overnight accommodations, unless allowed by special permit or use permit; [M](12) Annual events that promote an agricultural industry or agricultural area, and organized on a not-for-profit basis, are permitted in the A, FA, IA, RA, and APD districts without plan approval; The following activities are not permitted as part of any agricultural tourism operation: dances, mechanical amusement rides, dirt bikes, all - terrain vehicles, and other off road motorized vehicles; and No agricultural tourism operation is permitted in Waipi'o Valley or in other locations where the propertyis accessible by four-wheel drive, unless such operation has been approved by the planning commission following a public hearing held in the general area of the proposed agricultural tourism operation. (e) Any agricultural tourism activity that is not in compliance with the regulations under section 25-4-15(d) or appropriately permitted as provided by section 25-4-15(c) shall be considered illegal under this chapter, unless otherwise noted herein. (f) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, existing prior to the effective date of this section [ 111sVfie 25 ^ 15(d) and] that has not received plan approval, may continue such use [until 20 2010. After- this date,, Eonfiiue•ATG�Githo'utThaving r-eeeived �7I Ii uYYrev'u� shall l be eensidered illegal , , def thisehap+ ,] subject to providing proof of u� compliance with this chapter within twelve months of the effective date of this ordinance Page 14 of 15 (g) Any agricultural tourism activity in the A, IA, FA, RA, or APD districts, that does not conform to the standards in section 25-4-15(d), and which has not previously received a special permit or use permit for such activity, may continue such use until May 20, [248] 2017, and, if an application for a special permit or a use permit has been received and accepted by May 20, [204-0] 2017, may continue such use until final action has been taken on the application. After May 20, [209] 2017, or denial of the application, whichever occurs later, continued use shall be considered illegal under this chapter. (h) Any agricultural tourism activity that is currently operated under a special permit may continue to operate under the terms and conditions of the special permit,. or apply to void the special permit and, if the permit is voided, operate under the standards of section 25-4-15(d). (i) An agricultural tourism activity that [obtains plan approval, btA] becomes non- compliant with the standards of section 25-4-15(d) because of an increase in the number of visitors, shall apply for plan approval or a special permit, but may continue to operate until a final decision is made on the plan approval or special permit application. (j) An agricultural tourism activity [whieh has eeive,a plan approval] shall register with the Department of Planning annually on forms provided by the Department and submit financial records and a daily visitor count record to the director [ems] on an annual basis to verify compliance with this section, [ of visitors whieh shall be f,,., ishe,a to the dire for on request.-.] in such format as the director may require. The dailv visitor count record shall also be furnished to the director upon request. (k) The director may use observations of visitor arrivals, including bus traffic, in estimating whether an agricultural tourism activity complies with section 25-4- 15(d)[(3,)] (2), and may require that an activity [allowed wit be required to obtain plan approval or apply for a special permit based on such observations. In that case, the activity may continue until a final decision is made on the plan approval or special permit. Page 15 of 15 The Planning Department may conduct a site visit of any proposed agricultural tourism operation and may make periodic visits of an agricultural tourism operation without prior notification. Lm) In the event of any violation the operator may be fined up to $1000, however unless provided otherwise in County or State Law the operator shall be given 90 daysto make the correction or to submit an application for a variance or to file an application for a major agricultural operation. If the violation continues past 90 da s�perator may be fined up to $1000 per day for each additional day that the violation continues." SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 7. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 8. This ordinance shall take effect ninety days after its approval.