Township of Harrison, NJ Article VII Keeping of Backyard Hens

[Adopted 10-19-2020 by Ord. No. 22-2020[1]]

[1] Editor's Note: Former Art. VII, Keeping of Backyard Hens, adopted 6-3-2019 by Ord. No. 23-2019, was removed at the direction of the Township following expiration of the one-year pilot program.

§ 79-44 Authority to keep backyard hens.

This article establishes the authority of residents of Harrison Township to keep backyard hens, and subject to the rules and regulations detailed herein.

§ 79-45 Eligibility; restrictions; coops and runs.

A. The keeping of hens shall be permitted in all residential zone districts subject to the conditions stated in this Article VII. Properties within all residential zoning districts that meet the minimum residential lot size requirements set in § 79-47 below shall be eligible to keep backyard hens pursuant to the rules and regulations of this article.

B. Any resident seeking to keep backyard hens must first obtain a license. All licenses allowing residents to keep backyard hens must be renewed annually.

§ 79-46 Registration/license required and fee.

A. No person shall keep hens on his or her property without first obtaining a license from the Municipal Clerk's office and paying the required registration fee. The Township Zoning Officer shall confirm lot size prior to issuance of the license. No license shall be issued unless the applicant has demonstrated compliance with all criteria set forth in this article.

B. A nonrefundable registration/license fee of $25 shall be paid for each resident seeking to keep backyard hens. No more than one registration/license may be issued per household.

§ 79-47 Standards for keeping backyard hens.

A. A minimum residential lot size of 1/4 acre is required to keep hens pursuant to this article.

B. The number of hens permitted on any residential lot shall be limited to the following standards:

Lot Size	Maximum Number of Hens
One-quarter acre	Four
One-quarter - one acre	Six
More than one acre	Eight

C. Each lot must have a principle use upon it.

D. Roosters and cockerel are prohibited.

E. Slaughtering chickens in public view is prohibited.

§ 79-48 Requirement for coops, runs, and enclosures.

Participants shall comply with the following regulations and conditions for the keeping and housing of hens:

A. All coops and runs shall be located in the rear yard, and shall be set back a minimum of 15 feet from any property line.

B. The coop and run, located in the rear yard shall be located no closer than 30 feet from the windows and/or doors of the habitable portion of any neighboring residential dwelling. Garages, attached or otherwise, and accessory buildings shall not be considered a "residential dwelling" for the purposes of calculating the required distance. Hens may temporarily "free range" outside of the coop in a suitably contained area enclosed by a six-foot-high fence, provided that there is someone present to supervise the free ranging chickens at all times. A predator-proof run contained by a six-foot-high fence must be attached to the coop and must also be 30 feet from the habitable portion of any neighboring residential dwelling.

C. The coop shall be suitable in size to house the permitted number of hens, and shall consist of a minimum of three square feet per chicken. The coop shall not exceed 128 square feet in size and eight feet in height.

D. The coop shall be dry and well ventilated with windows to admit sunlight.

E. The coop must be kept clean.

F. The coop shall be aesthetically-pleasing and shall adhere to Harrison Township's Property Maintenance Code (Chapter 159).

G. The coop and enclosed run must be made predator-proof, and must be surrounded by a six-foot-high fence.

H. Clean water must be provided daily, and food must be kept tightly closed in a metal container away from the coop and run at night.

I. The yard in the area where the coop is located shall be clean and free from odors.

J. Waste will be handled by the participant to prevent offensive odors and/or disease, and shall be disposed of in an environmentally-friendly manner. Storage of manure, excreta, other waste odor, or dust-producing substances associated therewith shall be located at least 15 feet from any lot line or at least 30 feet from any residential structure on an adjoining property, and shall be properly composted per health code and USDA guidelines or kept in a watertight container until it can be disposed of in a proper fashion off-site.

K. There shall be no selling of eggs.

L. Diseased hens must be removed immediately.

§ 79-49 Revocation of license.

Failure to comply with the conditions and regulations set forth in this article shall result in revocation of the license.

§ 79-50 End of permit.

In the event that a permittee wishes to no longer retain or keep backyard hens, the permittee shall make arrangements for the relocation of the hens, and removal of all related structures and improvements.

§ 79-51 Violations and penalties.

Any person or party violating any provision of this article shall be subject to a fine not to exceed $2,000. Each day that a violation continues shall be considered a separate offense.