[Added 8-14-2023 by L.L. No. 5-2023]
The Town Board of the Town of Lenox hereby finds that the keeping of hens on residentially occupied properties of less than five acres and not otherwise deemed to be a farm operation, as defined by New York State Agriculture and Markets Law, can play a role in ensuring a source of local food and a sustainable environment, but that the improper maintenance of hens in residential neighborhoods may cause nuisances to nearby residential properties and can create conditions which are unsanitary and unsafe. Therefore, it is the intent of the Town Board, pursuant to Article IX of the New York State Constitution, Article 18 of the General Municipal Law and §§ 10 and 20 of the Municipal Home Rule Law of New York State, to permit and regulate the keeping of hens within the Town of Lenox on certain residential parcels. This article shall allow the harboring of small flocks of hens, subject to permit, by residents of single-family dwellings on lots of less than five acres which are not otherwise deemed to be farm operations under the New York State Agriculture and Markets Law. The conditions imposed by this article are intended to facilitate the harboring of hens in a manner that is consistent with the residential character of the Town and so as to not cause or contribute to nuisances, pollution or otherwise adversely impact neighboring property owners in any way.
As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Town of Lenox Code Enforcement Officer or his/her duly authorized representative.
COOP
A permanent or mobile structure that is designed to shelter hens from the weather and predators.
HEN
Any female chicken.
NEIGHBOR
Any property owner or resident within 500 feet of the property to be affected by said appeal.
RESIDENTIAL PROPERTY
A property less than five acres and used primarily as a single-family residence.
RUN
An enclosed area for chickens to roam and eat.
TOWN
The Town of Lenox.
TOWN BOARD
The Town Board of the Town of Lenox.
It shall be unlawful for any person, association, group or organization within the limits of the Town to harbor hens without first having obtained, paid for and having in force and effect a valid, current permit on residential properties. Roosters (male chickens) are prohibited within the Town on residential properties. The requirements to obtain a permit pursuant to this article shall not apply to farm operations as defined by the New York State Agriculture and Markets Law.
A. 
Any person interested in harboring hens within the Town limits on a residential property must submit a completed "Harboring of Hens Permit Application" to the Town Code Enforcement Office.
B. 
With the "Harboring of Hens Permit Application," the applicant shall submit:
(1) 
A scaled drawing depicting the property in its current condition, all structures, fencing and the location of the proposed coop and run; and
(2) 
A manure management plan.
C. 
An application fee, as prescribed by resolution of the Town Board, shall be charged. Upon payment of the application fee, the completed application shall be provided to the Code Enforcement Officer, who shall arrange for a site inspection of the property.
D. 
A permit allowing hens to be harbored may be issued by the Town Clerk upon confirmation by the Code Enforcement Officer that a site inspection of the property was performed, and adequate space exists for the proposed coop and run, and an acceptable manure management plan has been explained. Upon issuance of a permit and payment of the permit fee, as prescribed by resolution of the Town Board, a follow-up inspection of the coop, run and manure management location shall be performed by the Code Enforcement Officer to confirm compliance with this article.
E. 
The permit shall initially be valid for a period of one year. Subsequent renewals of the permit shall be valid for a period of three years.
F. 
Any owner-occupied property with existing hens at the time of enactment of this article shall be given a six-month amortization period to come into compliance with this article, commencing with the time of permit application.
A. 
The harboring of hens shall only be permitted on an owner- occupied residential property with a single-family dwelling unit situated thereon. If the property for which the permit is requested cannot adhere to all Town building setback requirements and construction guidelines, as outlined in § 38-27 of this article, or if the property's lot size does not permit compliance with the dimensional requirements for the coop and run, then a permit shall not be granted or may be revoked.
B. 
Hens must be kept in a coop and a run that complies with the requirements set forth in § 38-27 of this article.
C. 
The maximum number of hens to be harbored shall at no time exceed:
(1) 
Fifteen on residential property which is one acre or less;
(2) 
Twenty-four on residential property which is more than one acre but less than three acres; or
(3) 
Thirty-eight on residential property which is at least three acres.
(Except for the three-month time period while hatched chicks mature to the laying stage.)
D. 
Associated commercial operations are prohibited. The sale of hens on the property is not permitted.
E. 
The outdoor slaughtering of hens is prohibited without proper containment of blood and feathers. Such containment will ensure a system to prevent off-site observation of slaughtering from neighboring properties or streets.
F. 
Feed for the hens must be kept in covered, fastened containers that cannot be accessed by rodents or pests.
G. 
Hen manure and bedding must be managed so as to minimize odors and not attract rodents and pests. The on-site accumulation of treated or untreated hen manure is prohibited except within the limited confines of an actively maintained composting area as approved in the permit application. Hens may not leave the premises for which they have been permitted.
A. 
The coop shall be enclosed on all sides with walls (with or without windows), a roof and an entrance.
B. 
The coop shall be well ventilated. The minimum coop size shall be 2.5 square feet of space for each hen.
C. 
A run shall provide at least five square feet of space for each hen and shall be fenced.
D. 
Coops and runs may only be located in the rear yard of the property. They must comply with zoning district setback regulations for accessory structures.
E. 
The coop and run shall be kept clean, dry and sanitary. Under no circumstances may an owner permit odors to impact adjoining neighboring properties. The accumulation of hen manure and bedding may result in noncompliance of § 38-26G and the revocation of the permit.
F. 
The coop and run must be maintained and be kept structurally sound and in good repair.
G. 
On parcels of less than one acre, a privacy fence or visual break must be in place to block the area of the coop and run from view of neighboring parcels.
H. 
Plans for management and routine removal of manure must accompany the permit application.
A. 
The receipt of a neighbor's written complaint shall result in a site visit by the Code Enforcement Officer and an inspection of the property to determine if there exists a violation(s) of the permit. If the Code Enforcement Officer determines that a violation exists, the permit holder shall be notified of the nature of the violation(s) and shall have 30 days to correct the violation(s). Failure to correct the violation(s) in the time provided may result in the revocation of the permit and the removal of the hens. If revoked, the property owner may never reapply for such use.
B. 
In addition to a determination that the terms and conditions of a permit have been violated, a permit may be revoked for any of the following reasons:
(1) 
Hens are found outside of the coop and/or run while not under supervision of the property owner;
(2) 
The Code Enforcement Officer determines that a public nuisance exists, or there is a violation of this article;
(3) 
Predators or pests have become a nuisance to the property or surrounding area; and
(4) 
The Code Enforcement Officer determines that the hens have been abandoned.
(5) 
Manure is handled improperly, as evidenced by odor on neighboring properties or observation of hen waste or feed run-off onto neighboring properties.
C. 
Any person or persons who violate or cause to be violated any provision of this article shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each such violation; and every week (seven days) that said violation continues shall constitute a separate and additional violation.