(9/20) Carroll Valley Borough’s ongoing chicken saga seemed to be near resolution in August, but the birds’ future is still up in the air.
During their September meeting, the borough council voted 3-3 to direct the planning commission to craft an ordinance that a chicken coop can be placed anywhere on a property as long as it complies with the setback requirements of the land’s zoning district. Council members Richard Mathews, Michael Wight, and John Schubring voted against the motion. Bruce Carr, David Lillard, and Kari Buterbaugh supported it. Jessica Kraft was absent.
Since the vote was a tie, Mayor Ron Harris had to weigh in. Pennsylvania Borough Code states a mayor can only vote if there is a tie. Harris supported the chickens, so the motion passed.
The chicken controversy began in July when Fawn Trail residents Katlyn Weimer and Adam Colson approached the council after learning their chickens were illegal. The law of the land in Carroll Valley states chickens must reside in the backyard of a property. That’s not possible for Weimer and Colson, whose house aligns with the rear of their half-acre lot.
Fifteen people wrote to the council in support of Weimer and Colson’s chickens. The borough’s planning commission began discussing possible ordinance changes in September but did not come to a resolution, Wight said. Weimer attended September’s meeting to again plead her case.
"They still exist, make noise, poop, and my neighbors still have to look at them, whether they like it or not," Weimer said. "The only difference is that a car that drives by has to look at them for all of three seconds unless they slow down and stop."
Mathews said he opposes changing the rules because many, if not all, Carroll Valley homes have deed restrictions that prevent chicken ownership.
"I don’t know why the borough ever took the action it did to do something contrary to our deeds," Mathews said.
Borough Solicitor Zachary Rice of Salzmann Hughes said the borough can have rules that contradict deed restrictions. Deed restrictions can only be enforced through civil complaints, Rice said.
Carr said he supports chickens, despite the deed restrictions.
"Why can’t you let people make their own minds up as long as it doesn’t affect anyone else?" Carr asked.
The council will discuss the issue for the fourth consecutive month during its Oct. 10 meeting.
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