NOTICE IS HEREBY GIVEN that at its regular meeting on May 21, 2024, at the Township Hall located at 6483 Waldon Center Drive, Clarkston, Michigan 48346 Township, Michigan, the Charter Township of Independence Board of Trustees approved the second reading and adoption of Amendments to the Township’s Code of Ordinances.

A true copy of the Ordinance is on file and available for viewing between the hours of 7:00 a.m. and 5:30 p.m., Monday through Thursday at the Independence Township’s Clerk’s Office, 6483 Waldon Center Drive, Clarkston, Michigan 48346 and available on the Township’s website at www.indtwp.com.

ORDINANCE NO. 2024-08-001

ORDINANCEAMENDINGMUNICIPAL CODEOF ORDINANCES

(Text Amendments to the Municipal Code of Ordinances)

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE OF ORDINANCES, ARTICLE IV, CHAPTER 8 OF THE “MUNICIPAL CODE OF ORDINANCES” TO REGULATE THE KEEPING OF CHICKENS UNDER A NEW ARTICLE.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section1.ORDINANCEAMENDMENT.

Article IV, Chapter 8 of the Municipal Code of Ordinances of the Charter Township of Independence Code of Ordinances shall read as follows:

ARTICLEIV.–KEEPINGOFCHICKENS

Sec.8-42. Definitions.AsUsedInThisArticle.

Coopmeans a fully enclosed structure in which chickens roost and have laying boxes.

Penmeans an enclosure to contain chickens.

Rear yard means that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family structure and extending to the side lot lines.

Wastematerials means dead birds, waste eggs, feed, manure, and litter.

Sec.8-43.GeneralRequirements.

Hens may be kept on a residential property that is not a farm operation when the following provisions are met:

1. The parcel is not less than one (1) acre in area;
2. The following maximum number of hens is maintained:

1. A maximum of four (4) hens on parcels less than three (3) acres.
2. On non-farm parcels three (3) acres or larger, there shall be no limit on the number of chickens and a license under this Ordinance shall not be required.
3. For farms on ten (10) acres or more, the maximum number of hens is governed by the Site Selection Generally Accepted Agricultural and Management Practices established by the Michigan Commission of Agriculture and Rural Development. In these cases, a license under this Ordinance shall not be required.

3. The parcel is located in the R-1A, R-1B, R-1C, and R-1R Zoning Districts;
4. The principal use of the property where the hens are to be kept is a single-family dwelling unit;
5. Chickens are kept as family pets or to lay eggs for personal consumption only;
6. Rooster or male chickens or any other type or class of fowl or poultry are prohibited;
7. Where applicable, annual approval from the homeowners association, condominium board, or similar homeowners organization is submitted to the Township. If no such organization is present, this requirement is waived;
8. An annual permit is obtained from the Township; and
9. All requirements of this Article are met.

Sec.8-44.LicensingAndInspections.

1. A completed residential land use permit application must be submitted to the Building and Planning and Zoning Departments along with the fee which must be established by a resolution of the Township Board. Approved permit holders must schedule an inspection within thirty (30) days of permit issuance. Failure to schedule an inspection must result in an automatic suspension of the permit.

If an inspection identifies noncompliance with any of the requirements set forth in this Article, the permit holder must have fourteen (14) days to achieve compliance with the requirements, or the Director of Planning and Zoning, or their designee, may revoke the permit or cite the violation as a municipal civil infraction.

2. Permits must be valid for up to two (2) years, must be non-transferable, site-specific and must expire on March 31 of the next calendar year. A person who wants to continue keeping chickens must obtain a new permit prior to expiration of the previous permit.
3. After an initial inspection, permitted coops must be inspected at least one additional time during the permit term.

Sec.8-45. Enclosure.

Chickens must be contained and kept in a fully enclosed structure, known as a “coop,” or a fenced enclosure, known as a “pen,” at all times. The coop and pen must meet the following requirements:

1. A coop or pen must be designed to provide safe and humane living conditions for the chickens while minimizing adverse impacts (including, but not limited to, odor, noise, insects and dust) on neighbors, and must meet all of the following requirements:
   1. A coop or pen must be detached from the residential dwelling, porch or attached garage;
   2. A coop or pen must be located in the rear yard;
   3. A coop or pen must be located no closer than twenty-five (25) feet from any property line;
   4. A coop or pen must be located no closer than one hundred (100) feet to the nearest point of any residential dwelling on an adjacent parcel;
   5. A coop or pen must not exceed six (6) feet in height;
2. A coop must meet the following additional requirements:
   1. A coop must be completely enclosed with a top or cover;
   2. A coop must be a minimum of three (3) square feet and; and
   3. A coop must be constructed of durable materials and must be properly maintained in accordance with the Property Maintenance Code adopted in Section 10-70 of the Independence Charter Township Code of Ordinances, as amended.
   4. The use of corrugated metal/fiberglass, sheet metal, plastic tarps, scrap lumber or similar materials is prohibited; and
   5. A coop or pen must be constructed and maintained with a rat wall or similar block foundation or may be raised a minimum height of one foot off the ground to prevent rats, mice, and other rodents or burrowing animals from harboring beneath or entering the coop or pen. Noncompliance with this requirement will be considered a nuisance.
3. A pen must meet the following additional requirements:
   1. A pen must be erected around the coop to prevent hens from leaving the enclosed area and to keep dogs, cats, and wildlife from gaining entry;
   2. The maximum size for a pen is 80 square feet in floor area; and
   3. Wire mesh with openings no larger than a quarter (¼) inch may be used.

Sec.8-46.PerformanceStandards.

The following performance standards must be adhered to at all times:

1. Performance standards in Section 11.02 of the Independence Township Zoning Ordinance;
2. Chickens must be kept in the rear yard only;
3. Chickens shall be kept in compliance with the current Michigan Department of Agriculture Generally Accepted Agricultural and Management Practices for the Care of Farm Animals, as it relates to proper feeding, watering and cleaning for laying chickens, except as otherwise provided in this Article;
4. All feed and other items associated with the keeping of chickens likely to attract rats, mice, or other rodents or vermin must be secured and protected in sealed, rodent- proof containers;
5. Trash, weeds, debris, and other hiding places for rodents must be at least ten (10) feet from the pen and/or coop; and
6. Waste materials should be disposed of in an environmentally responsible manner. Manure and litter can be composted. Waste eggs, dead birds, and waste must be bagged and disposed of in the trash and must not be composted. Waste materials must not be stored in piles on the property.

Noncompliance with any of the above performance standards will be considered a nuisance.

Sec.8-47. Exemptions.

The raising of chickens on farms, as defined in Section 2.02 of the Independence Township Zoning Ordinance, is exempt from the requirements of this Article.

Sec.8-48.PrivateRestrictions.

The provisions of this article are independent of and are not intended to supersede or affect any private restriction, covenant or bylaw that may apply to the property.

Sec.8-47. Violations.

A violation of any provision of this article shall be deemed a municipal civil infraction subject to the procedures, sanctions, and remedies prescribed in Section 17-06 of the Independence Charter Township Code of Ordinances, as amended.

Section2.REPEALER.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section3.SEVERABILITY.

If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section4.SAVINGS.

All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance takes effect, are saved, and may be consummated according to the law in force when they were commenced.

Section5.EFFECTIVEDATE.

The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication. If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined. A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.

Section6.ENACTMENT.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the twenty-first day of May, 2024, and ordered to be given publication in the manner prescribed by law.

Ayes: Aliaga, Neubeck, Brown, Nallamothu, Ritchie

Nays: Moraco

Abstentions: None

Absent: Tedder

CHARTER TOWNSHIP OF INDEPENDENCE

By: Cari J. Neubeck, Clerk

Introduced: October 24, 2023

Published: November 15, 2023-Clarkston News

Adopted: May 21, 2024

Published: June 5, 2024

Effective: June 13, 2024