Hi everyone.
My name is Dawn and we've been fighting to keep our ducks. If you google my name, dawn stover, or my daughter's nikki vuille, or nicole vuille, you'll see alot of press. fair haven new jersey.
this has been a horrible, stressful 5 months or so, but it's finally over for the most part, and we won! here are the conditions! i think they are all good, except the periodoc inspections with no prior notice. Let me know what you all think! i am in serious need of help to do all the work. I was going to do the gravel and sand months ago, but couldn't spend the money if i didn't know if we'd get the waiver..
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Councilman Lucarelli Second by: Councilman Peters
AFFIRMATIVE: Councilmembers Lucarelli, Marchese, Peters
NEGATIVE: None
ABSTAIN: None
ABSENT: Councilmembers Banahan, Koch and Wilhelm
RESOLUTION #2011-84
TITLE: RESOLUTION OF THE BOROUGH OF FAIR HAVEN GRANTING A WAIVER TO THE PROPERTY OWNERS OF 18 SOUTH WOODLAND DRIVE, BLOCK 67, LOT 11 FOR SIX (6) DUCKS
WHEREAS, Ordinance 5-18 prohibits the harboring of certain animals within the Borough unless a waiver is granted by the Mayor and Council; and
WHEREAS, the Mayor and Council have conducted public hearings on this issue and have consulted with the neighbors of the property; and
WHEREAS, the Mayor and Council make the following findings of fact:
1. The property of the applicant is sufficiently large to provide an opportunity for screening of the duck enclosures from the sight of neighboring properties.
2. The enclosure is located sufficiently remotely from adjoining property owners home so as to provide for an appropriate screening of the enclosure.
3. The property line nearest the enclosure is fenced, and enclosure will be screened based upon the conditions imposed in this approval.
4. The ducks will be contained in an enclosure during the day and in a shed at night.
5. The ducks are currently full-grown, and will not multiply or otherwise become a greater burden on the owner and neighborhood then they are at the current time.
6. Although the ducks were obtained without prior permission of the Borough, there have been no other complaints against this owner for violations of this or any other Borough Ordinance.
7. The applicants property is in the R-40 zone, providing for larger lot sizes.
8. The Borough Council has been made aware of some personal issues for which the ducks serve some purpose that they are not being kept solely as a novelty pet.
9. The Applicant has agreed to certain conditions, set forth below, which are designed to alleviate any burden on adjoining property owners.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Fair Haven, County of Monmouth, State of New Jersey, that the waiver for six (6) ducks at 18 South Woodland Drive, Block 67, Lot 11 is hereby granted subject to the following conditions:
1. The existing outdoor enclosure shall be given a layered floor of sand, pea gravel and sand.
2. The enclosure shall be screened on the west side with plantings that are to be at least as high as the enclosure. Other screening on the North and South sides shall be done with plantings or fencing to the greatest extent possible.
3. The enclosure shall be cleaned daily, including the pools and water sources. The pools shall be emptied nightly and scrubbed at least weekly.
4. All food shall be stored above ground, in containers that are inaccessible to animals, specifically raccoons and/or rodents. The food, especially open containers, shall be removed from the outdoor enclosure nightly.
5. The ducks shall not be permitted to roam outside the enclosure, and shall not be permitted in the water source or stream at the rear of the yard.
6. There shall be no breeding of ducks.
7. There shall be no more than the six ducks that currently occupy the property permitted. In the event a duck dies, it shall not be replaced.
8. The area of the enclosure and shed and backyard shall be neat and clean, so as not to be an attractive nuisance to other animals.
9. All required building permits for the enclosure are to be obtained.
10. The Humane Society, ASPCA or other entity shall conduct an inspection of the facility to determine its adequacy for the keeping of the animals.
11. All provisions of the noise ordinance shall remain in effect.
12. All ducks shall be certified healthy annually by a licensed veterinarian.
13. No sale of eggs.
14. All efforts shall be made to reduce the potential for noise, odor, attraction of wild animals, and at no time shall this approval or compliance with these conditions authorize the creation of a nuisance or maintenance of an obnoxious condition.
15. All other provisions of Borough Ordinance 5-18.7 shall be complied with, including an annual re-application to the Council as set forth in the Ordinance.
16. The Code Enforcement Officer and Health Official of the Borough of Fair Haven shall make periodic inspections to ensure that these conditions are being complied with. The property owners will provide access to the Borough Officials without prior notice.
17. Procurement by the property owners of all zoning permits and approvals for the use and structures on the subject property.
18. The conditions as set forth in this Resolution shall be complied with within thirty (30) days of its adoption.
I, Allyson M. Cinquegrana, Municipal Clerk of the
Borough of Fair Haven in the County of Monmouth
and the State of New Jersey, do hereby certify that the
foregoing is a correct and true copy of a resolution
adopted by the Mayor and Council of the Borough of
Fair Haven in the County of Monmouth in the State
of New Jersey at a meeting held on April 25, 2011.
_____________________________________
Allyson M. Cinquegrana, RMC
Municipal Clerk
My name is Dawn and we've been fighting to keep our ducks. If you google my name, dawn stover, or my daughter's nikki vuille, or nicole vuille, you'll see alot of press. fair haven new jersey.
this has been a horrible, stressful 5 months or so, but it's finally over for the most part, and we won! here are the conditions! i think they are all good, except the periodoc inspections with no prior notice. Let me know what you all think! i am in serious need of help to do all the work. I was going to do the gravel and sand months ago, but couldn't spend the money if i didn't know if we'd get the waiver..
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Councilman Lucarelli Second by: Councilman Peters
AFFIRMATIVE: Councilmembers Lucarelli, Marchese, Peters
NEGATIVE: None
ABSTAIN: None
ABSENT: Councilmembers Banahan, Koch and Wilhelm
RESOLUTION #2011-84
TITLE: RESOLUTION OF THE BOROUGH OF FAIR HAVEN GRANTING A WAIVER TO THE PROPERTY OWNERS OF 18 SOUTH WOODLAND DRIVE, BLOCK 67, LOT 11 FOR SIX (6) DUCKS
WHEREAS, Ordinance 5-18 prohibits the harboring of certain animals within the Borough unless a waiver is granted by the Mayor and Council; and
WHEREAS, the Mayor and Council have conducted public hearings on this issue and have consulted with the neighbors of the property; and
WHEREAS, the Mayor and Council make the following findings of fact:
1. The property of the applicant is sufficiently large to provide an opportunity for screening of the duck enclosures from the sight of neighboring properties.
2. The enclosure is located sufficiently remotely from adjoining property owners home so as to provide for an appropriate screening of the enclosure.
3. The property line nearest the enclosure is fenced, and enclosure will be screened based upon the conditions imposed in this approval.
4. The ducks will be contained in an enclosure during the day and in a shed at night.
5. The ducks are currently full-grown, and will not multiply or otherwise become a greater burden on the owner and neighborhood then they are at the current time.
6. Although the ducks were obtained without prior permission of the Borough, there have been no other complaints against this owner for violations of this or any other Borough Ordinance.
7. The applicants property is in the R-40 zone, providing for larger lot sizes.
8. The Borough Council has been made aware of some personal issues for which the ducks serve some purpose that they are not being kept solely as a novelty pet.
9. The Applicant has agreed to certain conditions, set forth below, which are designed to alleviate any burden on adjoining property owners.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Fair Haven, County of Monmouth, State of New Jersey, that the waiver for six (6) ducks at 18 South Woodland Drive, Block 67, Lot 11 is hereby granted subject to the following conditions:
1. The existing outdoor enclosure shall be given a layered floor of sand, pea gravel and sand.
2. The enclosure shall be screened on the west side with plantings that are to be at least as high as the enclosure. Other screening on the North and South sides shall be done with plantings or fencing to the greatest extent possible.
3. The enclosure shall be cleaned daily, including the pools and water sources. The pools shall be emptied nightly and scrubbed at least weekly.
4. All food shall be stored above ground, in containers that are inaccessible to animals, specifically raccoons and/or rodents. The food, especially open containers, shall be removed from the outdoor enclosure nightly.
5. The ducks shall not be permitted to roam outside the enclosure, and shall not be permitted in the water source or stream at the rear of the yard.
6. There shall be no breeding of ducks.
7. There shall be no more than the six ducks that currently occupy the property permitted. In the event a duck dies, it shall not be replaced.
8. The area of the enclosure and shed and backyard shall be neat and clean, so as not to be an attractive nuisance to other animals.
9. All required building permits for the enclosure are to be obtained.
10. The Humane Society, ASPCA or other entity shall conduct an inspection of the facility to determine its adequacy for the keeping of the animals.
11. All provisions of the noise ordinance shall remain in effect.
12. All ducks shall be certified healthy annually by a licensed veterinarian.
13. No sale of eggs.
14. All efforts shall be made to reduce the potential for noise, odor, attraction of wild animals, and at no time shall this approval or compliance with these conditions authorize the creation of a nuisance or maintenance of an obnoxious condition.
15. All other provisions of Borough Ordinance 5-18.7 shall be complied with, including an annual re-application to the Council as set forth in the Ordinance.
16. The Code Enforcement Officer and Health Official of the Borough of Fair Haven shall make periodic inspections to ensure that these conditions are being complied with. The property owners will provide access to the Borough Officials without prior notice.
17. Procurement by the property owners of all zoning permits and approvals for the use and structures on the subject property.
18. The conditions as set forth in this Resolution shall be complied with within thirty (30) days of its adoption.
I, Allyson M. Cinquegrana, Municipal Clerk of the
Borough of Fair Haven in the County of Monmouth
and the State of New Jersey, do hereby certify that the
foregoing is a correct and true copy of a resolution
adopted by the Mayor and Council of the Borough of
Fair Haven in the County of Monmouth in the State
of New Jersey at a meeting held on April 25, 2011.
_____________________________________
Allyson M. Cinquegrana, RMC
Municipal Clerk
