(A) Application. An applicant must submit a completed application provided by the Zoning/Code Enforcement Officer and pay all fees as per the Borough's Schedule of Fees.
(B) A complete application shall include:
(1) Proof that the applicant is the owner of the property or has express written permission from the owner of the property.
(2) A drawn site plan showing the proposed locations, measurements and footprints of the proposed chicken coop and runs, as well as all existing structures on the property and the location of adjacent homes or in the event there are no adjacent homes, structures on adjacent properties.
(3) A drawn to scale plan that shows elevations and floor plans of the proposed chicken coop and run along with labeling of the proposed building materials. Photographs may be submitted at the discretion of the applicant.
(4) All applications shall be submitted to the Zoning/Code Enforcement Officer, or such other designated surrogate as appointed by the Borough of Tatamy Council.
(C) In addition to the required application information, the Zoning/Code Enforcement Officer shall consider all other relevant conditions, and may independently investigate and/or require the applicant to submit additional information in writing, verified by statement of facts, concerning but not limited to the following:
(1) The odor emanating or likely to emanate from the premises to persons and places off the premises.
(2) The noise emanating or likely to emanate from the premises to persons and places off the premises.
(D) Issuance of permit. If an applicant has met all application conditions, and the Zoning/Code Enforcement Officer is satisfied with the conditions detailed in § 90.23, the Zoning/Code Enforcement Officer shall issue the permit.
(E) Renewal.
(1) A permit issued pursuant to this subchapter shall expire two years after the date of issuance but may be renewed in accordance with the terms of this section.
(2) So long as a permit holder has not violated any section of this subchapter, a permit may be renewed upon payment of the renewal fee as established by the Zoning/Code Enforcement Officer or the Schedule of Fees.
(3) In the event permit holder has been cited for violating any section of this subchapter, any renewal applications shall not be approved by the Borough of Tatamy Zoning/Code Enforcement Officer.
(F) Suspension, revocation, and non-renewal of permit.
(1) The Zoning/Code Enforcement Officer shall also have the power, with the consent of the Borough Council, to make such rules and regulations as he/she shall deem necessary to carry out the purposes of this subchapter. The Zoning/Code Enforcement Officer and/or Police Officers shall be responsible to determine whether any person is violating any provisions of this subchapter. In making such determinations as to whether to approve or reject an application for a permit or an application for renewal of a permit, the Zoning/Code Enforcement Officer and/or Police Officers shall consider whether any one or more of the following approved standards are not complied with. The failure of the applicant to comply with or satisfy any one or more of the requirements of this subchapter or to satisfy any one or more of the following approved standards shall constitute grounds for denial of the application as a public nuisance:
(a) All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.
(b) The permittee shall use every reasonable precaution to assure that the animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any means.
(c) The permittee shall maintain the premises so to eliminate offensive odors or excessive noise.
(d) The permitted shall not permit any condition causing disturbance of the peace and quiet of his/her neighbors.
(e) Animals must be maintained in quarters constructed so as to prevent their escape. The permittee assumes full responsibility for recapturing any animal that escapes from his/her premises. The permittee shall make adequate provisions and safeguards to protect the public from the animals.
(f) Every person shall conform to all present and future laws of the Commonwealth of Pennsylvania and the United States of America, the ordinances of the Borough of Tatamy and the rules and regulations that may accompany this chapter in any way connected with animals, specifically including anti-cruelty laws.
(g) All animals must be kept healthy and free from sickness and disease and have all the required vaccinations and regular health check-ups.
(h) Every owner and occupant of a structure or property shall be responsible for the extermination of insects, rodents, vermin, or other pests in all areas of the premises.
(2) Notification of revocation.
(a) Revocation, suspension, or denial of a renewal of a permit shall be in writing and delivered in at least one of the following manners:
1. By First Class Mail;
2. In person to the address indicated on the application; or
3. Presented by hand delivery to the applicant or permit holder at a location other than the address indicated on the application or permit.
(b) The notification shall specify reasons for the revocation, suspension, denial of a permit, or denial of a renewal of a permit.
(G) Applicability.
(1) The provisions providing for the care of chickens under this subchapter shall not apply to lots that are two acres or greater that are located in the Borough if agricultural uses area permitted use in the future.
(2) Structure requirements.
(a) Enclosed structures. Chickens raised pursuant to this subchapter shall be kept in a chicken coop and run. No chicken shall be permitted to roam freely outside of the chicken run.
(b) The uses provided for in this subchapter shall be allowed within all residential zones. This subchapter shall only apply to single family homes and side-by-side homes.
(3) Noncommercial use. The keeping of chickens under this subchapter shall be for noncommercial uses only. A permittee may not engage in commercial:
(a) Chicken breeding;
(b) Sale of chickens;
(c) Egg producing; or
(d) Fertilizer production.
(4) Fees. All fees referenced in this section shall be set by resolution or the Borough's Schedule of Fees approved by Borough of Tatamy Council. In the event Borough Council has not passed a resolution, the permit fee shall be $150.
(Ord. 293-2022, passed 1-9-2023)