We, the undersigned citizens of the Town of Tonawanda, Erie County, New York, respectfully request the Town Board to act now to change the Town ordinance to allow up to 4 hens be kept on property of residential zoning districts under certain restrictions, listed below. We feel this is necessary for the sustainability of our community, green living, education, children's activities, and local food supply.

Please list your address, as this is often required as proof.

The following guidelines are taken from existing ordinances from neighboring towns, such as the Town of Amherst.

1. The raising of chickens shall be conducted as an accessory use on the same premises associated with an occupied single-family detached dwelling as the principal use.

2. The chickens shall be raised for noncommercial purposes.  No selling of chickens, chicken parts, nor chicken eggs shall be permitted.

3. The number of chickens shall be limited to a maximum of four (4).

4. Roosters shall not be allowed.

5. Breeding of chickens shall not be allowed.

6. A Special Use Permit shall be required to be purchased at a cost of $50.00 for the first time.  This permit shall be limited to the applicant and shall not be transferable.  The Special Use Permit shall be valid for a maximum of two years.

8. Any resident found to be in violation of these guidelines shall be given 72 hours to make the needed corrections.  Failure to do so will result in revocation of their permit, a 1 year ban from receiving a new permit, and a fine, not to exceed $200.00.

9. Additional consecutive Special Use Permits will be required and may granted by the Zoning Board upon the filing of a new "Continuation" application.  Extensions for 2 year periods shall be available at a cost of $10.00.  Extensions for 5 year periods shall be available at a cost of $25.00.

10. The raising of the chickens shall be subject to all applicable sanitary, noise and property maintenance regulations, ordinances and laws.  Chicken waste shall not be composted or mulched on-site. Chicken waste shall be stored in appropriate containers that  can seal and do not create any nuisance.

11. Any odor associated with the raising of the chickens shall treated with the same regard as any other animal kept on the property, such as dogs.

12. The chickens must be kept in coops or in fenced or walled enclosures (chicken run) at all times.  They must be constructed so that the chickens cannot fly over any fence or wall or otherwise escape from the coop or chicken run.

13. The chickens shall not be allowed to roam freely  without constant supervision and must be attached to a leash or harness based chicken run.  Chickens are prohibited beyond the property lines of the premises associated with the Zoning Board application.

14. Feed for the chickens must be stored in secure containers that will not attract rodents, vermin or pests of any type. Unsecured excess feed shall not be allowed.

15. Chickens shall not be allowed in the front yard between the principal structure and a public or private street.

16. Chicken coops or other structures for the housing of the chickens shall be located at least fifteen (15) feet from any property line if paid property line is not enclosed.  A distance of five (5) feet shall be allowed for fully enclosed areas.

17. Photos of the planned location must be submitted with the application, to verify location of planned chicken coup/run and if the property is enclosed.  The physical housing structure for the chickens does not need to be present, but must be built prior to obtaining the chickens.

18. Prior to the approval of the Special Use Permit, the Building Department has the right to conduct an inspection of the premises associated with the application, if the photos are not deemed sufficient. The inspection shall note any property maintenance issues and shall include an inspection of the proposed chicken coop (if it exists). The Building Department will provide a report of their findings to the Zoning Board.

19. The Zoning Board may require review of the chicken coop, chicken run, feed storage, and waste storage as deemed appropriate.

20. Any review conducted on the grounds of public health or safety shall not require notice, but may not be conducted unless a resident of legal age is present.

21.  Any review conducted as a random check or due to a non-harmful complaint, including, but not limited to noise, distance to property line, selling of eggs, too many chickens, shall require twelve (12) hours notice if conducted on a weekday, and six (6) hours notice if conducted on a weekend.

22. The Zoning Board shall evaluate any complaints that have been received relative to the raising of chickens on the property.

This list is not intended to be final and will be worked on and adjusting in cooperation with all respective zoning and building departments, as necessary.