No person shall raise, harbor or keep chickens within the Borough
of Edgewood without a valid permit obtained from the Permitting Officer
under the provisions of this chapter.
In order to obtain a permit, an applicant must submit a completed
application on forms provided by the permitting officer and paying
all fees required by this chapter.
The requirements to the receipt of a permit include:
A. All performance standards requirements of this chapter are met.
B. All fees, as may be provided for from time to time by Borough Council
resolution, for the permit are paid in full.
C. All utility fees and taxes owed by the applicant to the Borough have
been paid in full.
D. The tract of land to be permitted shall contain only one single-family dwelling, and accessory buildings or uses, as defined under the Borough Zoning Ordinance [Chapter
200].
E. The applicant has provided notice to the residents of all immediately
adjacent dwellings of the applicant's intent to obtain a permit.
F. The applicant has successfully completed an approved class in chicken
keeping in an urban setting. The permitting officer shall maintain
a current list of such approved classes.
If the permitting officer concludes as a result of the information
contained in the application that the requirements for a permit have
been met, then the officer shall issue the permit within 30 days of
receipt of a complete application and fees.
The permitting officer may deny, suspend, revoke, or decline
to renew any permit issued for any of the following grounds:
A. False statements on any application or other information or report
required by this section to be given by the applicant.
B. Failure to pay any application, penalty, reinspection or reinstatement
fee required by this section.
C. Failure to correct deficiencies noted in notices of violation in
the time specified in the notice.
D. Failure to comply with the provisions of an approved mitigation/remediation
plan by the permitting officer, or designee.
E. Failure to comply with any provision of this chapter.
F. Notification of suspension of revocation. A decision to revoke, suspend,
deny or not renew a permit shall be in writing, delivered by ordinary
mail or in person to the address indicated on the application. The
notification shall specify reasons for the action.
G. Effect of revocation. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of one year from the date of the denial or revocation. Upon the expiration of the appeal period under Subsection
H, all chickens shall be removed from the premises. Any premise not complying shall be subject to violations and penalties under Chapter
142 of the Code of the Borough of Edgewood.
H. Appeals. No permit may be denied, suspended, revoked, or not renewed
without written notice. In any instance where the permitting officer
has denied, revoked, suspended, or not renewed a license, the applicant
or holder of the permit may appeal the decision to the Borough Manager
within 10 business days of receipt by the notice of the decision.
The applicant or holder of the permit will be given an opportunity
for a hearing within 30 days. The decision of the Borough Manager
hearing the appeal, or any decision by the permitting officer which
is not appealed in accordance to this chapter shall be deemed final
action.
The initial permit shall be valid for one year from the date
of issue.
If no performance standards under Article
IV have been violated by any permit holder, the permit shall be renewed each year upon the written request of the permit holder consistent with §
190-8. If any performance standard has been violated, the permit officer shall visit the property and confer with the applicant to ensure that any corrective or mitigation measures under §
190-9D have been implemented.