[Adopted 3-27-2023 by Ord. No. MC 3821[1]]
[1]
Editor's Note: This ordinance superseded Ord. No. MC 3818, adopted 2-27-2023, which established provisions for beekeeping.
The purpose of this article is to encourage persons who keep bees in the Township of Irvington to properly maintain hives, comply with state regulatory requirements and be considerate of neighbors and other residents of the Township by managing bees so that they do not become a nuisance to neighbors or other residents of the Township of Irvington.
As used in this article, the following words shall have the following meanings:
ADEQUATE SOURCE OF WATER
A constant and continuous source(s) of water provided by the beekeeper, or naturally available on the same property as the hives.
ADJOINING PROPERTY
Any property that shares any boundary with the property upon which the subject apiary is located.
APIARY
One or more hives (each containing a colony) of honeybees that are kept at a single location. The property where the hive(s) are located may or may not be owned by the owner of the hives. If used for overwintering hives, apiaries must be registered pursuant to N.J.A.C. 2:24-3.1.
BEE
Members of the genus Apis.
BEEKEEPER
Any person or entity who owns and engages in the breeding or keeping of honeybee hive or hives.
COLONY
An aggregate of bees, the hive, and associated equipment, including honeybees, comb, pollen, and brood.
DEPARTMENT
The New Jersey Department of Agriculture.
GOVERNING AUTHORITY
The Department or its designee or, if the Department delegates authority to a municipality, the governing body of the municipality or its designee as approved by the Department pursuant to N.J.A.C. 2:24-7.4.
HIVE
The man-made structure with removable frames intended for the housing of and that contain a colony of bees.
Any person who is a beekeeper in the Township of Irvington must comply with all rules and regulations promulgated by the Department of Agriculture including but not limited to Title 4, Agriculture and Domestic Animals, Chapter 6, § 4:6 et seq.
Pursuant to N.J.A.C. 2:24-7.2, the colony density shall be as follows:
Tract of Land Size
Number of Colonies Allowed
Up to 1/4 acre
3
1/2 acre
6
3/4 acre
9
1 acre
12
Over 1 acre
3 per 1/4 acre not to exceed 40 hives
A. 
There must be no more than three hives of honeybees per lot size of one-quarter acre or less.
B. 
When a colony is situated less than 10 feet from a property line, the beekeeper must establish a flyway barrier. This should be at least six feet tall and extend 10 feet beyond the colony on either side. It can be solid, vegetative or any combination of the two, that forces the bees to cross the property line at a height of six feet.
C. 
All beekeeping equipment and hives must be maintained in good condition.
D. 
All colonies must be kept in movable frame hives in accordance with N.J.S.A. 4:6-10.
E. 
All hives shall be placed at ground level or securely attached to an anchor or stand. If the hive is securely attached to an anchor or stand, the Township may permit the anchor or stand to be permanently attached to a roof surface.
F. 
All apiaries must have on site an adequate source of clean water within 25 feet of the hive(s) at all times (especially between March 1 and October 31).
G. 
All colonies must be located at least 25 feet from a public sidewalk, alley, street, or road.
H. 
All colonies must be inspected by the beekeeper or his delegate no less than three times between March 1 and October 1 of each year.
I. 
A substantial barrier/fence must be erected to prevent animals and children from coming into close contact with the hives.
A. 
It shall be unlawful for any person to keep bees within the Township of Irvington without first obtaining a permit.
B. 
Permit. The initial fee for obtaining a permit for beekeeping shall be $75 for the first year and shall be renewable each year in accordance with the fee schedule set by the Township of Irvington.