Chickens in Residential areas

They have changed some of the requirements. Councilman Sheldon wants to know if this changes your opinion on allowing Chickens in Residential areas. THANKS!


SYNOPSIS
Substitute #1 to Ordinance 09-074 Subcommittee
November 6, 2009 Meeting


I. Subcommittee members present were:
• Councilman William Tansey, New Castle County Council
• Councilman William Powers, New Castle County Council
• Jim Smith, Assistant General Manager, Department of Land Use
• Ken Bieri, Assistant Planning Manager, Department of Land Use
• Dr. Brigid McCrea, Small Flock Poultry Extension Specialist, Delaware State University
• Kathleen Hildebrand, resident, New Castle County
• Richard Koehler, resident, New Castle County
• Via Teleconference: Anna Stoops, Agriculture Agent, University of Delaware
Cooperative Extension

Additional members of Council present:
• Councilman George Smiley

II. Department of Land Use Modifications and Findings
• Jim Smith and Ken Bieri, of the Land Use Department, distributed a Substitute #2 to
Ordinance 09-074 and discussed the changes that are incorporated into the ordinance.
• The number of chickens allowed by the ordinance was increased to six, based on
discussions by the committee at the 10-8-09 meeting. In addition, Substitute #2 removes
the section of the property maintenance code that references animals. This was done to
simplify the Code so that animals are only referenced in one location in the Code,
Chapter 4.
• Jim Smith addressed the following issues raised by members of Council at the previous
meeting:
o Setback requirements (existing residential dwellings and property lines):
Setbacks for coops or cages for housing backyard hens may not be located in the
front yard or street setback. They must be 10 feet from the property line and 25
feet from a dwelling on another’s property.
o Deed restriction provisions: A line will be added to the ordinance that states it is
not intended to supersede deed restrictions.
o Permitting process: All owners of poultry must register their flocks with the
State. A County permitting process was not added, as to not duplicate
registration efforts.
o Zoning districts: The ordinance will apply to all residential properties, as long as
the specified conditions are met.
o Instant ticketing process: The ordinance states that coops and cages, structures
and equipment shall be maintained in a clean and good condition. The applicable
Instant Ticketing provision, currently in the Property Maintenance Code is PM
302.7 (Accessory structure in disrepair).
o Animal control: The ordinance states that all animals shall be provided with a
covered, predator-proof coop, cage, and that the cages must be located within
areas that are adequately fenced or otherwise bounded to contain the birds on the
property and to prevent access by dogs or other predators. Should this not occur,
it would be a Code Violation.

III. Discussion of a Path Forward
• Substitute #2 will be placed on Council’s November 17, 2009 Land Use Committee
agenda and will be lifted from the table and voted on at Council’s November 24, 2009
Council meeting.

Respectfully submitted by Nellie Manlove, Legislative Aide to Councilman William Tansey.