POLICY DATABASE
Town of West Brandywine, Pa., Code § 200-98(E) (current through Dec. 19, 2017)
Brief Summary
This provision regulates the keeping of chickens for non-commercial purposes in all districts, including allowing them to be kept in non-agricultural, residential areas on lots that are at least 20,000 square feet. It also permits the sale of surplus chicken eggs directly to an end user or as a donation to a local food bank. It also allows 4-H projects or other youth projects, additional chickens may be kept for a temporary time with permission.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Pennsylvania
Jurisdiction Type: Township
Jurisdiction Name: West Brandywine
Does the law refer to priority populations in some way?
Yes. See references to "youth projects" and "food bank." § 200-98(E)(12).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. See this language: "to protect the public health in residential areas"(§ 200-98(E)(9)), and "this chapter has been enacted to promote the public health, safety, morals and general welfare of the inhabitants of West Brandywine Township. Promote the public health, safety, morals and general welfare of the inhabitants of West Brandywine Township" (§ 200-2).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. Zoning chapter refers to community development objective of "conserve natural resources by maintaining environmental stability" and preserving "the rural character" of the town. See § 200-3.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Unclear. Zoning chapter refers to "conserving the value of land and buildings." § 200-2.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. The purpose of the zoning code in general is as follows: "This chapter has been enacted to promote the public health, safety, morals and general welfare of the inhabitants of West Brandywine Township…" § 200-2.
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 200-8.
Does the law address implementation in some way?
Yes. General administrative duties pertaining to the Zoning Officer are provided, including review and issuance of permits. § 200-156.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. "Any person, partnership or corporation who or which has violated or permitted the violation of any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a Township, pay a judgment of not more than $1,000 plus all court costs, including reasonable attorney fees incurred by a Township as a result thereof." § 200-169(A).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Section 200-98 is located in Part II (General Legislation), Chapter 200 (Zoning), Article XIV (General Standards). History: Added 5-2-2012 by Ord. No. 2012-05.