[Adopted 8-7-2023 by Ord. No. 2023-12]
The keeping of backyard hens shall be permitted in the Township
of Delanco subject to rules and regulations as specified in this article.
As used in this article, the following terms shall have the
meanings indicated:
A fenced in space attached to the coop.
Any female of the chicken species.
A small building for housing chickens.
Any portion of a residential dwelling that is used for human
occupation including attached decks, porches or patios.
A.
Residents of single-family homes or residents of townhomes which
meet the criteria set forth in this section shall be eligible to keep
backyard hens. Residences that are governed by Homeowners Associations
(HOA) must have written permission from the applicable HOA to participate.
B.
There shall be a limit of two hens permitted per 1,000 square feet
of lot area, capped at a maximum of eight hens; no roosters are permitted.
The following regulations and conditions for the keeping and
housing of hens shall be complied with:
A.
Location and size:
(1)
The keeping of hens shall be limited to the rear yard as defined
by the Township Code.
(2)
The coop and attached enclosed run shall be kept at least 15 feet
from any point of the habitable portion of the neighboring residential
dwelling. Garages attached or otherwise, and accessory buildings shall
not be considered a "habitable dwelling" for the purposes of calculating
the required distance.
(3)
A minimum of a five-foot side and rear yard setback shall be maintained
as a buffer.
(4)
The maximum permitted area of the coop and attached enclosed run
shall be 120 square feet.
(5)
The maximum permitted height of any coop structure, whether or not
said coop is stacked, shall be eight feet as measured from the natural
grade.
B.
Conditions and regulations:
(1)
The coop and attached enclosed run shall be a sound structure and
predator-proof.
(2)
The coop and attached enclosed run shall be appropriate size for
the number of hens. The coop shall be a minimum of three square feet
per hen. The run shall be a minimum of eight square feet per hen.
(3)
The coop shall be dry and well-ventilated with windows to admit sunlight
and shall not be heated.
(4)
The housing of hens must be the primary purpose of the structure.
(5)
The coop and attached run must be kept clean and the utilization
of a tarp as a portion of the roof is not permitted.
(6)
Clean water must be provided, and food must be kept in a tightly
sealed rodent- and predator-proof container.
(7)
The yard in the area where the coop is located shall be clean, free
of odors and dust abatement techniques must be utilized.
(8)
Hens may roam outside of the coop area but only in the fenced-in
run area adjacent to the coop. However, hens shall be allowed outside
the coop/run area, provided they are in an enclosed area from which
they cannot escape or an adult is outside with them the entire time
to keep them from leaving the owner's property.
(9)
There shall be no slaughter of hens in the Township of Delanco.
(10)
Waste shall be handled properly to prevent offensive odors and
disposed of in an environmentally friendly manner. Runoff waste on
adjacent properties shall not be permitted.
(11)
Hens or eggs produced from hens kept on the property shall not
be sold under the license.
A.
The Delanco Hen Advisory Board (hereafter HAB) is hereby created
to have a program run by residents knowledgeable about backyard hens,
with the following duties:
(1)
Advising the Township Committee about the safe and proper way for
hens to be kept in the Township;
(2)
Educating residents who wish to keep hens per this code;
(3)
Assisting residents in making an application for a license to keep
hens;
(4)
Evaluating such applications and recommend to the Township Committee
approval of an application;
(5)
Handling complaints about how hens are kept;
(6)
Recommending revocation of licenses when necessary and appropriate;
(7)
Assisting anyone desiring to no longer participate in the backyard
hen program to relocate their hens.
B.
The Township Committee shall appoint a HAB as follows:
(1)
It shall consist of at least three and no more than five Delanco
residents. However, one or more non-Delanco resident(s) with expertise
and training in this area may be appointed if sufficient Delanco residents
are not available, but the membership at any time may not consist
of less than two-thirds residents of Delanco Township.
(2)
All members shall have received appropriate training from a credible
organization on the basics of raising backyard chickens prior to appointment.
(3)
The term shall be for one year on a calendar year basis.
(4)
The members shall elect a chair, a vice chair, and board secretary
from the members. The chair and vice chair shall be residents of Delanco
Township.
(5)
A member of the Township Committee shall be designated by the Township
Committee to serve as a liaison to the Board.
(6)
The HAB shall meet at least on quarterly basis and keep minutes.
C.
When a complaint is received by the Township of Delanco, it will
be forwarded to the HAB for investigation. If the HAB finds a violation
of this article, and cannot resolve the complaint, the complaint will
be reported to the Code Enforcement Officer, or the County Board of
Health, as appropriate, for an investigation.
A.
No person shall keep hens on their property without having first
complied with the provisions of this chapter by obtaining a license
therefor as provided herein.
B.
There shall be a maximum of 15 licenses issued annually.
C.
Any applicant desiring to keep backyard hens shall be required to
take a class on the basics of raising backyard hens prior to their
first initial application.
D.
A member of the HAB will review the application with the applicant
prior to final submission including a review of the plans for the
chicken coop and attached enclosed run and perform an inspection of
the applicable property. A report of the review will be provided to
the full Board. An applicant must authorize members of the HAB to
enter their property for inspection purposes.
(1)
The HAB, shall provide a certification to accompany the application
to the Township that the applicant has met all the conditions to apply
and believe the applicant is compliant with all provisions of this
code based on the report and their analysis of the application.
E.
Application for license. The following regulations shall apply when
applying for a license:
(1)
Applications for a license required by this chapter shall be submitted
to the Municipal Clerk's office with the relevant information
as required by that office, proof of compliance with the conditions
specified from the HAB per D1 above, and paying the required fee thereof.
Tenants of a property submitting an application must have the written
consent of the landlord.
(2)
An annual nonrefundable license fee of $25 shall be paid with each
application for a license to be issued pursuant to this article.
(3)
The Zoning Officer shall review the application and advise whether or not it meets the location requirements per § 123-28A.
(4)
Every license issued pursuant to this article shall expire annually
on December 31 of the year of issuance. If an initial application
is approved between July 1 and December 31, it shall be good until
the following December 31.
(5)
Applications for renewal must be submitted by March 1 for that calendar
year. Renewal applications received after that date will incur a $5
per month additional late charge.
F.
Licenses shall be issued by the Township Clerk upon verification
that the applicant has complied with all the criteria and rules set
forth by the HAB and this code.
G.
Once a license has been issued, the Clerk shall forward a copy of
the approved application to the HAB. As a condition of license approval,
the applicant must advise the HAB when the installation of the coop
and run are complete to schedule an inspection, before any hens are
placed there. An applicant must authorize members of the HAB to enter
their property for inspection purposes. The HAB must provide a report
to the Municipal Clerk's office that the installation is in compliance.
H.
Any applicant who has backyard hens within the Township of Delanco
as of the date of adoption of this article, shall be required to apply
for a license. If the existing situation does not comply with all
the conditions of this code, applicants will be allowed to come into
compliance with the criteria and rules, through the natural expiration
of their hens, provided such waiver does not negatively affect the
health, safety and welfare of any resident or person and provided
such application is made with the same year of the passage of this
article.
As a condition of receiving said license, the resident authorizes members of the HAB to enter their property for inspection purposes in response to complaints per § 123-29C. Any official of the County Health Department and/or a Township Code Official shall be permitted to enter any property for the purpose of a site inspection to ensure compliance with the provisions of the article, either during the application process or during the period of the license. Such official may request to be accompanied by a member of the HAB.
The Township Committee shall have the right to revoke the license
for failure to comply with the conditions and regulations set forth
in the article based on the recommendation of the HAB. Prior to such
revocation, a written notice with the basis for the revocation shall
be served upon the licensee and setting the place, date and hour when
the Township Committee will hear the matter. Following such hearing,
the Township Committee may proceed to revoke the license.
