Montague Township City Zoning Code
ARTICLE XXVI
Chickens and Roosters
[Added 6-22-2021 by Ord. No. 2021-05]
§ 76-113 Generally.
Chickens and roosters may be kept and maintained on residential property within the Township of Montague only in accordance with the provisions of this article. The following general requirements shall apply:
A.
The keeping and maintenance of chickens and other egg-laying poultry on residential property that is farmland assessed pursuant to the provisions of N.J.S.A. 54:4-23.1, the Farmland Assessment Act of 1964, is not subject to the provisions of this article.
B.
As used in this article, the term "residential property" shall mean property that is zoned and used for residential purposes pursuant to Chapter 76 of the Code of the Township of Montague, except for property designated "R-4 (R4) High Density Residential District," as provided for by §§ 76-52 through 76-61 of the Township Code.
C.
As used in this article, the term "nuisance" does not include a neighbor's mere dislike of chickens or roosters.
§ 76-114 Maximum quantity per residential lot.
The number of chickens and roosters permitted on a residential property shall be limited by the size of the residential lot, and as indicated in the following table:
Lot Size | Number of Chickens Permitted | Number of Roosters Permitted |
|---|---|---|
<1.5 acres | 6 | 0 |
1.5 acres | 12 | 0 |
2 acres | 18 | 0 |
2.5 acres | 24 | 0 |
3 acres | 30 | 0 |
4 acres | 60 | 2 |
4+ acres | 90 | 3 |
§ 76-115 Minimum requirements for keeping of chickens and roosters.
A.
Coops and their enclosed runs shall be maintained to ensure the safety of chickens and individuals, and to ensure that neither the chickens nor their housing create a nuisance. More specifically the following minimum standards shall be maintained at all times:
(1)
All chickens shall be housed, maintained, and treated humanely and in accordance with good agricultural practice.
(2)
Each coop and enclosed run shall be the appropriate size for the number of chickens housed therein.
(3)
Each coop and enclosed run shall not be higher than six feet above the ground, unless a fence and building permit has been obtained in accordance with the applicable provisions of the land use code.
(4)
Each coop shall be kept dry and well-ventilated with windows to admit daylight.
(5)
The coop and enclosed run must be constructed and maintained so that it actively deters the entrance of predators.
(6)
The coop and enclosed run, and all areas within which chickens are allowed to roam, shall be kept free from vermin and rodents.
(7)
Chickens shall have access to grass or dirt areas.
B.
Chicken food stored on the exterior of the residential dwelling unit shall be stored in a tightly sealed container to ensure that it is protected from vermin, rodents, and predators.
C.
Waste generated from the keeping and maintenance of chickens shall be handled in a way to prevent offensive odors. Waste shall be properly composted on site or otherwise disposed of. Odors shall not be permitted to be of such intensity to be detected on any adjacent property or in the public right-of-way.
D.
If a person rents the residential property where the chickens and roosters will be kept, then said person must have prior written consent from the owner of the property for the keeping of the chickens and roosters.
§ 76-116 License required.
A.
No person shall be permitted to keep chickens or roosters on their residential property in accordance with this article without having first obtained a license from the license-issuing authority.
B.
The resident or owner (as appropriate) shall be obligated to notify the Zoning Officer within 10 days of any rapid die-offs of their flock.
§ 76-117 Complaints; violations; fines; revocation of license.
A.
The Zoning Officer shall be responsible for enforcement of this article.
B.
Prior to issuance of a summons and complaint, the Zoning Officer shall investigate any allegation of a violation of this article.
C.
If the Zoning Officer finds that a person has violated this article, then said officer may issue a notice of violation to the violator.
D.
If, after such time as set forth in the notice of violation or 30 days from the date of the notice of violation (whichever is greater), the violation has not been remedied, the Zoning Officer shall be authorized to issue a complaint and summons returnable in municipal court.
E.
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties as set forth in section § 76-96 of this Code.
F.
The Zoning Officer is hereby empowered to suspend or revoke the license held by any person who violates any of the provisions of this article. No license shall be suspended or revoked until after a hearing. A notice of five days, in writing, stating the time and place of such hearing, shall be served upon the licensee.
§ 76-118 Current owners.
Current owners of chickens and roosters are exempted from § 76-114, but shall be limited to possessing on their property quantities of chickens and roosters that are no greater than the quantities presently possessed by these current owners, except that, if the quantities of chickens and roosters that these current owners would be permitted to keep under § 76-114 are greater than the quantities presently possessed by these current owners, then these current owners shall be permitted to keep quantities of chickens and roosters in accordance with § 76-114.
