[Amended 10-31-2020 STM by Art. 31
A. The purpose and intent of this bylaw is to state with emphasis the
right to farm accorded to all citizens of the commonwealth under Article
97 of the Constitution, and all state statutes and regulations thereunder,
including but not limited to MGL c. 40A, § 3, paragraph
1; MGL c. 90, § 9, MGL c. 111, § 125A and MGL
c. 128, § 1A. This bylaw includes the right to fish commercially
in accordance with applicable federal, state, and local regulations.
We the citizens of Orleans restate and republish these rights pursuant
to the Town's authority conferred by Article 89 of the Articles of
Amendment of the Massachusetts Constitution ("Home Rule Amendment").
B. This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Orleans; this bylaw also protects the Town’s historical
agricultural and maritime heritage and traditional employment by allowing
agricultural uses and related activities to function with minimal
conflict with abutters and Town agencies. This bylaw shall apply to
all jurisdictional areas within the Town.
[Amended 10-31-2020 STM by Art. 31]
The right to farm is hereby recognized to exist within the Town
of Orleans. The above-described agricultural activities may occur
on holidays, weekdays, and weekends by night or day and shall include
the attendant incidental noise, odors, dust, and fumes associated
with normally accepted agricultural practices. It is hereby determined
that whatever impact may be caused to others through the normal practice
is more than offset by the benefits of farming and fishing to the
neighborhood, community, and society in general. The benefits and
protections of this bylaw are intended to apply exclusively to those
commercial or non-commercial agricultural, aquacultural and fishing
operations and activities conducted in accordance with generally accepted
agricultural practices. Moreover, nothing in this bylaw shall be deemed
as acquiring any interest in land, or as imposing any land use regulation,
which is properly the subject of state statute, regulation, or local
zoning law.
Copies of the disclosure notification shall be prepared by the
Town and included on a one-time basis with the mail out of Town real
estate tax bills. Following the initial mail out, copies of the disclosure
notification will be included on a continuing basis with the mail
out of municipal lien certificates.
DISCLOSURE NOTIFICATION: [Amended 10-31-2020 STM by Art. 31]
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It is the policy of this community to conserve, protect and
encourage the maintenance and improvement of agricultural, aquacultural,
and fishing resources. This disclosure notification is to inform buyers
or occupants that the property they are about to acquire or occupy
lies within a town where farming activities occur. Such farming activities
may include, but are not limited to, activities that cause attendant
incidental noise, dust and odors associated with normally accepted
agricultural practices. Buyers or occupants are also informed that
any property within the Town may be impacted by commercial or non-commercial
agriculture, aquiculture, and fishing activities.
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[Amended 10-31-2020 STM by Art. 31]
Any person who seeks to complain about any farming or fishing
operation may, notwithstanding pursuing any other available remedy,
file a grievance with the Agricultural Advisory Council or the Shellfish
& Waterways Committee which will review and facilitate the resolution
of the grievance and report its recommendations to the appropriate
Town authority.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this bylaw.
The Town of Orleans hereby declares the provisions of this bylaw to
be severable.
Notwithstanding anything contained herein to the contrary, nothing
in this bylaw shall supersede any existing Town bylaw, zoning bylaw,
rule or regulation and all such existing bylaws, rules and regulations
shall continue in full force and effect.