[HISTORY: Adopted by the Board of Supervisors of the Township of West Bradford as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-1983 by Ord. No. 1983-01]
From and after the effective date of this article, the State Dog Law, Act 225,[1] effective January 1, 1983, as may be amended from time to time, shall be considered to be the dog law of West Bradford Township until such time as West Bradford Township shall determine it is necessary to enact further ordinances regulating dogs within the Township.
[1]
Editor's Note: See 3 P.S. § 459-101 et seq.
Penalties shall be as prescribed in Act 225, State Dog Law, enacted January 1, 1983, and as may be amended from time to time.
[Adopted 1-7-2013 by Ord. No. 2013-01]
As used in this article, the following terms shall have the meanings indicated:
A fenced or other type enclosure for the purpose of allowing chickens to leave the henhouse while remaining in an enclosed, predator-safe environment.
A structure for the sheltering of female chickens.
Any condition or usage whatsoever related to the keeping of chickens within the Township of West Bradford which the Township shall find to adversely impact the properties surrounding the property on which the chickens are kept as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects or parasites, nonconfined chickens leaving the property, and unsightly or dilapidated henhouse, chicken coop, enclosure or area where the chickens are kept, or other adverse impacts.
The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while limiting the potential adverse impacts on the surrounding properties. The Township recognizes that adverse impacts may result from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects or parasites, and nonconfined animals leaving the owner's property. This article is intended to create licensing standards and requirements that ensure that domesticated chickens do not adversely impact the properties surrounding the property on which the chickens are kept.
[Amended 5-19-2023 by Ord. No. 2023-02]
A.
A zoning permit shall be required for the construction of any chicken pen and/or any henhouse or chicken coop regardless of size. In addition to a required zoning permit, a building permit shall be required for the construction of a henhouse or chicken coop consisting of 500 square feet or greater.
B.
Failure to comply with the standards set forth in this article for the keeping of domesticated chickens may result in the revocation of the zoning permit as issued in addition to other enforcement actions allowed by law and set forth in this article.
[Amended 5-19-2023 by Ord. No. 2023-02]
The applicable zoning permit fee and building permit fee shall be as set forth in the annual fee schedule adopted by resolution by the Township.
A.
A minimum lot size of one gross acre is required to raise chickens.
B.
Three chickens are permitted on a lot between one and 1.99 gross acres.
C.
Four chickens are permitted on a lot between two and 4.99 gross acres.
D.
There is no limit to the number of chickens on lots of five gross acres or larger.
E.
No roosters shall be permitted on lots less than five gross acres.
F.
There is no restriction on chicken species at any lot.
[Amended 5-19-2023 by Ord. No. 2023-02]
Chickens shall be kept for personal use only; no person shall sell eggs or engage in chicken breeding or fertilizer production for commercial purposes. The slaughtering of chickens on a domesticated chicken-keeping property is prohibited.
A.
Chickens must be kept in an enclosure or fenced area at all times. During daylight hours, chickens may be allowed outside of their chicken pens in a securely fenced yard, if supervised. Chickens shall be secured within the henhouse during nondaylight hours.
B.
Enclosures must be clean, dry and kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.
C.
The henhouse and chicken pen must provide adequate ventilation and must be impermeable to rodents, wild birds, and predators, including dogs and cats.
D.
Henhouses/chicken coops.
[Amended 5-19-2023 by Ord. No. 2023-02]
(1)
A henhouse shall be provided and shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood.
(a)
The structures shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings.
(b)
The materials used in making the structure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be well-maintained.
(c)
The henhouse shall be constructed a minimum of 18 inches off of the ground.
(d)
The henhouse shall be constructed to provide a minimum of four square feet of space per chicken.
E.
Chicken pens. An enclosed chicken pen must be provided consisting of sturdy wire fencing buried at least 12 inches in the ground unless the fencing wraps around at the ground and becomes the flooring and extends to and continues up the opposing wall. The pen must be covered with wire or solid roofing.
A.
Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries. Any odors perceptible at the property boundaries shall be considered a public nuisance.
B.
Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons by creating a public nuisance.
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators.
[Amended 5-19-2023 by Ord. No. 2023-02]
A written waste storage and removal plan must be submitted with each zoning permit application. Provisions must be made for the storage and removal of chicken manure. Manure and waste from chickens shall not be disposed of in the municipal waste system. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings.
[Amended 5-19-2023 by Ord. No. 2023-02]
A.
The Township shall deny a zoning permit if the applicant has not demonstrated a plan to comply or compliance with all provisions of this article.
B.
A zoning permit associated with the keeping of domesticated chickens may be suspended or revoked by the Township where the Township finds that the keeping of the chickens creates a public nuisance as defined herein or where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this article or with the provisions of any other applicable ordinance or law.
C.
Any denial, revocation or suspension of a zoning permit shall be in writing and shall include notification of the right to and procedure for appeal.
[Amended 5-19-2023 by Ord. No. 2023-02]
A person may appeal the issuance, denial, suspension or revocation of a zoning permit in the manner set forth in Chapter 450, Zoning.
[Amended 5-19-2023 by Ord. No. 2023-02]
In addition to any other enforcement action which the Township may take pursuant to Chapter 450, Zoning, violation of any provision of this article may be treated as a summary offense, and a fine not exceeding $1,000 may be imposed. Each day that a violation continues will be treated as a separate offense.
A.
In addition to the penalty stated in § 112-15, any violation of the provisions of this article shall be grounds for an order from the Township to remove the chickens and the chicken-related structures. If the homeowner fails to remove the chickens and their related structures, the Township may enter the property and take whatever steps are necessary to remove the chickens and related structures at the homeowner's expense, and file a municipal lien against the property to recoup any costs incurred by the Township for such removal.
[Amended 5-19-2023 by Ord. No. 2023-02]
B.
The Chester County Health Inspector, Health Officer, or contracted animal control officer may also order the removal of the chickens upon determination that the chickens pose a health risk.
C.
If a chicken dies, it must be disposed of promptly in a sanitary manner.
To the extent this article is inconsistent with Chapter 450, Zoning, of the Code of West Bradford Township, the provisions of this article shall take precedence.
