Ordinance No. 18-25

Introduced: July 23, 2018
Public Hearing: September 10, 2018
Status: Adopted

An Ordinance Amending Chapter 330 of the Code of the Township of Vernon Entitled “Land Development” to Permit Fowl on Certain Properties

§330-5 Definitions (Add the following)

Fowl - Domesticated chickens (hens only, no roosters) or ducks kept primarily for egg laying purposes.

§330-195 Keeping of animals (Add the following)

D. No more than six fowl, as defined by Section 330-5, may be kept and maintained in connection with a single family residential use lot of less than one acre so long as the lot is a minimum of 100x200 and conforms to the minimum lot size with the zoning district. No more than fifteen fowl, as defined by Section 330-5, may be kept and maintained in connection with a single family residential use lot of more than 1 acres but less than 5 acres. Nothing in this ordinance is intended to subvert the rules and regulations of any Homeowners Association (HOA) or Qualified Private Community.

The maintaining of fowl as permitted by §330-195 (D) shall be subject to the following conditions:

  1. A zoning permit must be obtained from the Township’s Zoning Officer for all coops and runs. All coops and runs over 200 square feet or larger also require health and building department approval and permits as required by the Township Code of the Township of Vernon and State Statute.
  2. Notwithstanding any other provisions of this chapter, fowl shall be housed and kept in a manner which will not constitute a public or neighborhood nuisance. Fowl shall not be permitted to fly or run at large.
  3. All fowl shall be housed in coops or structures that are properly designed for such use and completely separated from any building utilized for dwelling purposes.
  4. Coops and runs shall be restricted to the rear yard area and shall adhere to the applicable side and rear yard setbacks pursuant to § Schedule C of Chapter 330, Land Development of the Code of the Township of Vernon. The setback requirement for accessory buildings and structures from other buildings set forth in § Schedule C shall not apply to coops and runs.
  5. The Zoning Officer shall approve the structures prior to their installation with the issuance of a zoning permit.
  6. No fowl shall be kept unless they can be contained on the property of their owner or the agent of their owner.

E. Waste management for fowl, as defined in as defined by Section 330-5, shall be subject to the following:

  1. Fowl manure may be applied to garden soil and incorporated into the soil.
  2. Fowl manure shall not be used on the surface of any property or portion thereof in a manner similar to that used in the laying of mulch or topsoil.
  3. Fowl manure may be composted in such a way as to minimize any fly and odor problems.
  4. Fowl manure may be bagged and removed from the premises.
  5. Fowl manure may not be stored, composted or applied to soil within 10 feet of the property line.
  6. There shall be no runoff of fowl manure to neighboring properties.

F. Feed for fowl, as defined in as defined by Section 330-5, shall be subject to the following:

  1. Any food scattered for fowl consumption shall be cleaned up daily.
  2. All fowl food shall be stored and kept in tight containers.
  3. All fowl food shall be protected from access by rodents and other wildlife.

G. Enforcement; penalties for fowl, as defined in as defined by Section 330-5, are as follows:

  1. All enforcement agents of the Township shall have the authority to enforce the provisions of this article. Such enforcement agents shall include but not be limited to the Zoning Officer, the Construction Code Official, the Health Officer and his staff, the Animal Control Officer and/or the Police Department.
  2. Penalties may include the removal of fowl from the property.
  3. Summonses for noncompliance with any provision hereof may be issued by the appropriate enforcement officials.
  4. Penalties may be imposed by the Municipal Court Judge up to the maximum penalty allowed by law.