Letter from Bergen County, N.J. Resident: 'I Am Being Harassed' About Her Livestock

Attention Mahwah residents:

Keeping hens or other livestock now requires 5 acres or more. Even though the zoning ordinance states that 60k sq feet is required for first horse and 30k for each additional horse, the new zoning officer (Michael Kelly) has decreed that livestock (including chickens) requires 5 acres (qualified farm).

As per what is available at town hall (I was first told to fill out OPRA request by secretary in zoning to obtain information but the township clerk desk helped me get information) - the hoofed animal ordinance states this.

The ordinance for chickens is missing. I read up on the zoning ordinance prior to getting my hens. I obtained them 18 months ago. The health department says I meet the land requirements for my property but I must pay for the permit (one hundred twenty five dollars). When Angela Musella was asked what is this exorbitant fee is for, explain the breakdown, she had no answer.

Why is the “permit” for hens in place? Chickens DO NOT carry rabies. The license for dogs and cats in Mahwah is $7.00 for altered animals and $10.00 for intact. The licensing fees for dogs/cats are to help fund the NJ State spay/neuter fund and rabies control. What does 125.00 pay for? Hens are not spayed, they are not running rampant, they are not spreading rabies.

I am being harassed. I have reached out to the mayor (Bill Laforet) to put a leash on Angela Musella and Mike Kelly. He has responded to emails, he is polite, but no action has been taken.

This summer, one of the health officers (Diane Homler) agreed to the zoning law about hens. There are BOH minutes supporting my claim that the chicken permit from the BOH is new. She was to email the zoning law, health ordinance and permit application, she never did, so I assumed it must not be a big deal, because IT IS NOT.

How does having hens on my property effect anyone? I have a rabbit too. Will zoning consider him to be livestock too? As per Mr Kelly’s “interpretation” of zoning, MANY residents will need to PAY to keep their pets. Many people harbor chickens, horses and the like on less than 5 acres. The fees will amount to thousands of dollars for each resident.

Mr Kelly told my spouse that he will reject the application ($100 fee) and then I have to go before zoning board (thousand at least to get heard in front of board). If I pay the zoning fees and the health department fees I can keep my hens. What do you think? Do you think I should have to pay to keep my hens? I know that another resident was forced to give up hens about two weeks ago. I was told to apply to zoning or get rid of my chickens in 1 week.

Sincerely,

Sharon Racioppi

Deerhaven Road Mahwah, NJ 07430

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