Documents › Board of Trustees Work Session, 2026-10-28

local law 4 pages

Also attached to this agenda item: CAF - Local Law Intro 10 of 2026 Local Law Introductory No. 10 of 2026 (revised) Local Law Introductory No. 10 of 2026 Memo from Valerie Monastra on Fowl%2FAnimals Memo on Fowl %26 Poultry from Village Manager Bryan Healy PB Memo to VB Local Law Intro 10 of 2026 Farm Animals Proposed Language on Farm Animals and Fowl - June 2026 Proposed Language on Farm Animals and Fowl - May 2026 Public Comments Received by Email - August 19 Public Comments Received by Email - August 31 Public Comments Received by Email - September 2 Resolution 156-2026 LL Intro 10 of 2026 Referrals

INTRODUCTORY LOCAL LAW NO. 10 OF 2026 A LOCAL LAW TO AMEND VARIOUS PROVISIONS OF CHAPTER 230 “ZONING” OF THE CROTON-ON-HUDSON VILLAGE CODE TO PROVIDE CLARIFICATION AS TO THE HARBORING AND KEEPING OF ANIMALS WITHIN THE VILLAGE A LOCAL LAW to amend the text of Chapter 230 “Zoning” to provide clarification as to the harboring or keeping of animals in the Village. BE IT ENACTED by the Board of Trustees of the Village of Croton-on-Hudson, as follows: Section One. Legislative Intent and Purpose. To better serve the public’s interest and in support of preserving the quality of life and encouraging mutually respectful enjoyment of property, the Village Board of Trustees of the Village of Croton-on-Hudson proposes text amendments to the Village Code zoning provisions for the purpose of providing clarification as to the harboring and keeping of animals within the Village. Section Two. Chapter 230, Section 230-4 “Terms Defined” of the Code of the Village of Croton-on-Hudson is hereby amended as follows, with new matter underlined and deleted matter struck through and in [brackets]: DOMESTIC ANIMALS – Any companion animal or pet, including any cat, dog, fish, parrot, rabbit, or reptile, normally maintained in or near the household of the owner or person who cares for such animal. A domestic animal shall not include any farm animals as defined hereunder. FARM ANIMALS - Animals customarily raised on a farm for agricultural purposes including, but not limited to, chickens, ducks, horses, cows, goats, sheep, pigs and donkeys. FULLY FLIGHTED BIRDS –A bird that is anatomically and physiologically capable of active and powered flight, also known as a volant or carinate bird, but not including chickens or ducks. Section Three. Chapter 230, Section 230-9.1(A)(10) of the Code of the Village of Croton-on- Hudson is hereby amended as follows, with new matter underlined and deleted matter struck through and in [brackets]: §230-9.1 A (10) (f) – [Keeping domestic animals, except pigs, for individual domestic purposes or as pets, provided that not more than three dogs over six months old and not more than 25 fowl shall be permitted, and no animals, except dogs or cats, or fowl shall be penned or housed within 2 4926-4246-3963, v. 1 50 feet of any lot line.] Reserved. Section Four. Chapter 230, Article VII, Section 230-40 “Supplementary Regulations Applicable to Residence Districts” of the Code of the Village of Croton-on-Hudson is hereby amended as follows, with new matter underlined and deleted matter struck through and in [brackets]: §230-40 J. Keeping of Animals (1) the keeping of domestic animals for individual domestic purposes or as pets, provided that no domestic animals, except dogs or cats, shall be penned or housed outside the residential dwelling within 50 feet of the nearest primary dwelling on adjacent properties. Nothing herein shall be construed to prohibit the keeping of domestic animals for individual domestic purposes or as pets within a residential dwelling. (2) the keeping of chickens and ducks, subject to the following conditions and limitations: (a) Chickens and ducks shall be permitted based on the ratio noted in the table below: Maximum Number of Chickens & Ducks Permitted Less than ¼ acre 6 Larger than ¼ acre but less than ½ acre 12 Larger than ½ acre but less than 1 acre 18 More than 1 acre 24 (b) In addition to compliance with minimum setback requirements for accessory buildings, no chickens or ducks shall be penned or housed within 10 feet of the nearest primary dwelling on adjacent properties in the RA-5 and RB residence districts, or within 25 feet of the nearest primary dwelling on adjacent properties in all other residence districts. (c) Chickens and ducks may not be permitted to roam free or to gain flight and must be confined within clean, dry and secure enclosures or penned areas at all times. Enclosures and penned areas must include netting, wires or other materials on the top to prevent flight and predator access from above and must be maintained in an odor-free, neat and sanitary condition at all times and in a manner that will not create a nuisance or disrupt the use and enjoyment of nearby properties due to noise, odor, lack of sanitation or other adverse impact. Enclosures and penned areas must provide adequate ventilation, sun and shade, as well as protection from pests and predators. All food or supplemental food-stuff supplies shall be stored in rodent-proof containers. Water must be made available but must be contained in such a way to prevent run off, muddy and unsanitary conditions. 3 4926-4246-3963, v. 1 (d) Denial of an application for a building permit for an accessory building to house chickens or ducks that is based on zoning standards for area or setbacks may be appealed to the Zoning Board of Appeals. (e) The slaughter of chickens or ducks and the raising of chickens or ducks for slaughter shall be prohibited in all zoning districts. (3) the keeping of farm animals other than chickens and ducks, subject to the following conditions and limitations: (a) Farm animals shall be permitted based on the ratio noted in the table below: Animal Maximum Count on Minimal Lot Size Minimum Lot Size Additional Animals Goats and sheep 2 2 acres Additional ½ acre for each additional goat or sheep Horses, donkeys, mules and other large farm animals 2 2 acres Additional 1 acre for each additional animal Cattle 2 5 acres Additional 1 acre for each additional cattle Swine 2 2 acres Additional 1/3 acre for each additional swine (b) In all cases, the keeping of farm animals shall be limited to lots of two acres or more with ample open space to accommodate the specific animal, incident to the residential use of the land, not operated for gain, and subject to any regulations or standards promulgated by the Westchester County Department of Health and Board of Trustees. (c) Where combinations of animals are kept, the total required acreage shall be cumulative. For example, two goats (requiring two acres) and one horse (requiring two acres) would require a minimum lot size of four acres. (d) Lots with any harbored farm animals other than chickens and ducks shall have appropriate, secure physical fencing, with self-latching gates or doors, to prevent animals from roaming beyond lot lines or otherwise become animals at large. (e) All feed shall be housed in metal, rodent-proof containers. (f) Barns and animal storage areas shall be located at least 50 feet from each lot line and 300 feet from any neighboring dwelling. (4) the keeping or harboring of roosters, including cockerels, shall be prohibited in all residence districts. 4 4926-4246-3963, v. 1 (5) Effective January 1, 2027, the keeping or harboring of all fully flighted birds, including but not limited to geese, swans or pigeons, outside of the residential dwelling shall be prohibited in all residence districts. An owner or possessor of fully flighted birds at the time of the enactment of this local law, may appeal this prohibition to the Zoning Board of Appeals as a request for grandfathering. The Zoning Board shall conduct a duly noticed public hearing on the request for grandfathering prior to reaching a decision on such request. The decision shall be in writing and based on a “balance of equities” standard whereby the Zoning Board shall weigh the relative harm, fairness, and hardships to the applicant and any party appearing in opposition. A decision by the Zoning Board shall not be precedent in any other matter since it will be limited to consideration of the unique facts on a case-by-case basis and based solely on the record assembled during the public hearing process. Following the public hearing, the Zoning Board shall deliberate under the balance of equities standard and vote to either (i) deny the request, (ii) approve the request or (iii) approve the request with reasonable conditions specific to the facts. Such decision shall be set forth in writing as a resolution with a tally of votes in the same manner as an appeal for variance. In no case shall the Zoning Board permit the owner or possessor of fully flighted birds to increase or add to the number currently maintained or permit flight-based exercise or training from the place of confinement. Upon the approval of grandfathering, the structure used for the housing or confinement of fully flighted birds must meet the minimum setback requirements for accessory buildings set forth in this chapter. (6) This section shall be subject to enforcement as set forth in Section 230-173 and to penalties for offenses as set forth in Section 230-174. Section Five. Except as otherwise provided herein, all other provisions of the Croton-on-Hudson Village Code shall remain the same. Section Six. Severability If any section, subsection, clause, phrase or other portion of this Local Law is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. Section Seven. Effective Date This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law and shall be published and posted as required by law, including NYS Village Law §7-706 applicable to zoning text amendments.