As used in this chapter, the following terms
shall have the meanings indicated:
ABUTTERS
Any landowner or lessee whose property is within 300 feet
of the applicant's property.
ANIMAL PERMITS
The permit granted by the Town of Walpole Board of Health
to keep animals other than household pets within the Town of Walpole.
Property will be subject to an annual inspection by the Approving
Authority.
CORRAL or PADDOCK
A fenced area designed to allow for the free roaming and
proper containment of animals.
GRAZING ANIMALS
A.
Animals that in the wild depend upon grazing
and foraging of grasses as a major component of their diet, including
but not limited to horses, ponies, mules, donkeys, cattle, llamas,
goats, sheep, deer and buffalo. For the purposes of issuing a permit
for a given number of grazing animals the following shall be considered
equivalent and each will be regarded as a single "grazing animal"
as follows:
(1)
Horse, pony, mule, donkey: one.
B.
Grazing Animals not specifically addressed above
will be reviewed on an individual basis prior to issuing a permit.
For the purpose of licensing grazing animals, juvenile animals not
yet weaned residing on the property with their maternal parent will
not count as an additional grazing animal and will not require an
additional or amended permit.
HORSE
A riding or draft animal including horses, ponies, mules,
donkeys or any other solid hoofed animal.
HOUSEHOLD PETS
Animals that are normally kept inside a residential dwelling
or commercial building, including but not limited to dogs, cats, ferrets,
pot-bellied pigs, fish, domesticated or exotic birds and various small
rodents.
NONIMPERVIOUS LAND (NIL)
Land in which precipitation is allowed to directly fall and
penetrate into the soil, excluding any buildings, paved driveway,
patios, decks, walkways, overhangs, shelters, swimming pools, or other
barriers preventing the free flow of precipitation into the ground.
PENNED ANIMALS
Animals normally kept in a confined area out of the residential
dwelling, including but not limited to poultry, waterfowl, rabbits
or pigeons and excluding grazing animals and pigs. For the purposes
of licensing, penned animals under six months of age residing on the
property with their maternal parent will not count as additional Penned
animals and will not require an additional or amended permit.
PERSONS
An individual, partnership, corporation, firm, association
or group including a city, town, county or other governmental units.
PIGS
Any swine not kept as household pets. For the purposes of
licensing pigs, juvenile animals not yet weaned residing on the property
with their maternal parent will not count as additional pigs and will
not require an additional or amended permit. (This definition does
not include pot-bellied pigs.)
PROPERTY
Any property used by the permit holder or applicant including
but not limited to personally owned, family-owned or leased property.
STABLE, PEN, COOP or HOUSING
A building or enclosure used to house or confine one or more
animals and to store the food/supplies normally associated with the
keeping of animals.
For purposes of determining whether the proposed
number of animals will have a detrimental impact on public health,
welfare and the bordering water supplies of the community, the applicant
shall demonstrate that the following guidelines are either complied
with or not applicable to their application.
A. The lot on which one grazing animal may be kept must
have a minimum of 30,000 square feet of NIL plus 2,500 square feet
of NIL for each additional grazing animal authorized on the animal
permit.
B. The minimum square feet of NIL made available in a
paddock or corral for each grazing animal shall be 2,000 square feet
for the first grazing animal plus 300 square feet for each additional
grazing animal.
C. The lot on which pigs may be kept must have a minimum
of 20,000 square feet of NIL. The minimum square feet of space made
available for each pig shall be:
(1) 100 square feet of pen space for each pig in a confinement
management system; or
(2) 900 square feet of NIL for the first Pig and 300 square
feet for each additional pig in a pasture management system.
D. All fencing shall be adequate to contain the animals
being confined and constructed in compliance with Town of Walpole
zoning regulations.
E. All unattended animals, with the exception of pigeons
and other flight birds, shall be confined to the permit holder's property
at all times to prevent wandering and straying on other property.
F. Pigeons may be allowed to fly free in accordance with
standard industry practices but shall be managed in such a way as
to not cause harm and to minimize intrusion to other property.
G. No animals or birds (i.e., roosters, guinea hens,
etc.), if creating a noise nuisance (as verified by the Board of Health
or its designee), shall be permitted.
(Also applies to remodeling or adding to existing
structures.) All stables, pens, coops or housing must conform to the
following:
A. Adequate permanent shelter is required to protect
grazing animals or pigs from the elements.
B. All primary stables, pens, coops or housing used to
contain grazing animals or pigs shall:
(1) Be a minimum of 50 feet from any lot line and a minimum
of 100 feet from an abutter's dwelling.
(2) Where stalls are provided, ensure that stalls are
large enough to enable the animal to stand up, lie down and to protect
them from the elements.
(3) Provide adequate air space and ventilation per animal.
(4) Compliance with the above regulations shall be determined
by BOH or its designee based on guidelines as set forth by recognized
organizations such as the MSPCA or the MA Department of Agricultural
Resources Division of Animal Health.
C. All housing for penned animals shall:
(1) Provide adequate protection for the animals from the
elements.
(2) Provide for the animals, fresh food, water, adequate
air space and adequate ventilation.
The Board of Health may issue a variance on an application or any provision of these regulations in any particular case when, in its opinion, the enforcement would manifest an injustice and the issue of a variance will not adversely impact the public health, safety or welfare. Any applicant requesting a variance shall comply with the permit application requirements outlined in §
587-2 and shall submit in writing in the application the regulations from which a variance is sought and the written reasons why the issuance of a variance would be in the public interest.
The fee for an animal permit shall be based
upon the permit holder's maximum allowable animal numbers as indicated
on their permit. Fees shall be as follows:
A. For penned animals, such as poultry, waterfowl, rabbits
or pigeons, numbering six or less, the fee shall be $10.
B. For penned animals, such as poultry, waterfowl, rabbits
or pigeons, numbering more than six, the fee shall be $15.
C. For grazing
animals or pigs, numbering six or less, the fee shall be $30.
D. For grazing
animals or pigs, numbering more than six, the fee shall be $40.
Anyone keeping animals under an existing permit issued by the Board of Health, on or before June 30, 2008, shall be subject to these regulations except for provisions relating to setback and lot sizes, unless or until their existing permit is revoked by the Board of Health (as set forth in §
587-11).
If any provisions of these regulations are declared
invalid or unenforceable, the other provisions shall not be affected
by this determination and shall remain in full force and effect.