[Added 5-4-2020 by Ord. No. 7-2020; amended in its entirety 9-7-2021 by Ord. No. 10-2021]
The keeping of backyard chicken hens is hereby authorized. Keeping of backyard chicken hens shall be permitted in the Borough of Swedesboro to subject to the rules and regulations detailed herein. Roosters shall not be permitted.
A. 
The keeping of chicken hens shall be permitted in all residential zone districts subject to the conditions stated in this Article VI. Properties within all residential zoning districts that meet the minimum residential lot size requirements set in § 89-43.
B. 
Any resident seeking to keep backyard chicken hens must first obtain a license. All licenses allowing residents to keep backyard chicken hens must be renewed annually.
A. 
No person shall keep chicken hens on his or her property without first obtaining a license from the Municipal Clerk's office and paying the required fee. The Swedesboro Zoning Officer shall confirm lot size prior to issuance of the license. No zoning permit is required for the coops, runs, and enclosures. No license shall be issued unless the applicant has demonstrated compliance with all criteria set forth in this article. Every license issued pursuant to this article shall expire on December 31 of each year, excluding any licenses or Pilot Program permits issued prior to June 1, 2021 which shall be extended until December 31, 2021. A license shall not be granted unless the applicant certifies that there are no deed restrictions which prevent chickens from being kept on the property.
B. 
A nonrefundable license fee which shall be as set forth in Chapter 140, Fees shall be paid for each license issued for residents seeking to keep backyard chicken hens. No more than one license may be issued per household. All licenses must be renewed on an annual basis. There shall be an additional late charge as set forth in Chapter 140, Fees, for any renewing license issued after April 1 of any year.
C. 
A drawing of the property showing the location of the coops, runs, and enclosures must be submitted at time of application.
A. 
A minimum residential lot size of one-quarter acre is required to keep chicken hens pursuant to this article.
B. 
The number of chicken hens permitted on any residential lot shall be limited to the following standards:
Lot Size
Maximum Number of Chicken Hens
One-quarter acre
Four
More than one-quarter acre to 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. 
There shall be no slaughter of chickens on site under this article.
All persons shall comply with the following regulations and conditions for the keeping and housing of chicken 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. Chicken 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 chicken 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 Borough of Swedesboro's Property Maintenance Code (Chapter 241).
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 property owner and/or resident 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 chicken hens must be removed immediately.
Failure to comply with the conditions and regulations set forth in this article shall result in revocation of the license.
In the event that a person wishes to no longer keep backyard chicken hens under this article, they shall make arrangements for the relocation of the hens, and removal of all related structures and improvements.
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.