Chicken Ordinance Reflects Neighbors' Concerns

The proposed Township of Maplewood Ordinance #2678-11 has undergone some changes since it was first discussed by the Township Committee on Sept. 6. Those changes are designed to address the arguments made against the proposed one-year pilot program that would allow 15 households to raise up to three hens each (no roosters) in backyard coops throughout Maplewood.

"Don't think we don't listen to you. You've already changed the thinking about this, no matter what happens," Deputy Mayor Fred Profeta told the local residents who appeared at Town Hall to protest the proposal at the Sept. 20 Township Committee meeting.

The newly amended ordinance (which can be found online in the Township Committee's October 4 Preliminary Agenda) seeks to address concerns about the deterioration of property values, guano runoff, and the attraction of rats.

For example, the proposed ordinance now reads "where the Health Officer has found evidence of a rat infestation in any area (the location and boundaries of which will be defined by the Health Officer), no resident in said area shall receive approval to raise chickens until such time as the Health Officer certifies to the Board of Health that such rat infestation in said area has been ameliorated and there has been no evidence of rats therein for a period of not less than six months."

The majority of opposition to the proposed ordinance has come from residents of the Summit/Richmond/Midland Blvd. area which has been fighting a rat infestation for the past four or five months. According to neighbors and Health Officer Robert Roe, the problem has been tied to a neglected wood pile on one property as well as outdoor feeding of feral cats.

In response to the complaints that chicken feed would contribute to the attraction of rats, the ordinance requires that "no food may be kept overnight in the structure housing the chikens or in the run area. All food must be kept in a secure area and in secure containers, so as to prevent rats and other vermin."

In addition, "structures and runs must be rat resistant" and "be kept in good repair, shall have a waterproof roof and walls, be free from rats and vermin, properly lighted and ventilated and in a clean and sanitary condition at all times."

To address concerns that chicken waste — or guano — would run off onto neighbors properties, the ordinance requires that structures and runs "be constructed with a surface under the chickens raised off the ground, made of wire, slatted wood, or similar material, designed to allow animal waste to pass through and be collected on trays made of impervious material underneath to allow for frequent disposal." Chickens may not run at large.

At least two residents at the Sept. 6 and 20 Township Committee meetings stated that they were real estate professionals and that, in their professional opinion, the appearance of backyard chickens and coops would damage property values and make home sales more difficult in an already trying market. One new resident to the Midland Blvd. area said he certainly would not have purchased his home if an adjacent property housed a chicken coop.

The proposed ordinance has been amended in several ways that could be seen as attempts to address this issue.

For example, the ordinance now limits the number of chickens per household to three (the original proposal was 5) and diminishes the size of the coops and runs (a total of 12 square feet for the coop with a maximum height of 4 feet; and a total of 18 square feet for a run). Participants in the pilot program also must take an instructional class. Participants will also be subject to inspections by the Health Department and the Health Officer will have the "sole discretion" to "revoke any permit issued."

Most notably, neighbor consent would also be required for a household to receive a permit. The proposed ordinance reads that "each interested party must secure the written consent of all contiguous property owners" before a permit can be issued for the pilot program.

The pilot will begin on March 1, 2012 and sunset automatically (unless the Township Committee acts to extend it) on February 28, 2013. The permittees are then required to "make arrangements for the relocation of the chickens and removal of all structures at the Permittee's sole costs and expense."

Any violation of the orinance will result in a fine "not to exceed $1,000." The proposed ordinance states that "each day that a violation continues, shall be considered a separate offense."