As used in this chapter, the following terms shall have the meanings
indicated:
FARM
Shall include a parcel or contiguous parcels of land, or water bodies
used for the primary purpose of commercial agriculture, or accessory thereto.
FARMING or AGRICULTURE or their derivatives
A.
Shall include, but not be limited to the following:
(1)
Farming in all its branches and the cultivation and tillage of the soil;
(3)
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
(4)
Growing and harvesting of forest products upon forest land, and any
other forestry or lumbering operations;
(5)
Raising of livestock including horses;
(6)
Keeping and raising of poultry, swine, cattle, ratites (such as emus,
ostriches, and rheas) and camelids (such as llamas and camels), and other
domesticated animals for food and other agricultural purposes, including bees
and fur-bearing animals.
B.
"Farming" shall encompass activities including, but not limited to,
the following:
(1)
Operation and transportation of slow-moving farm equipment over roads
within the Town;
(2)
Control of pests, including, but not limited to insects, weeds, predators,
and disease organisms of plants and animals;
(3)
Application of manure, fertilizers, and pesticides;
(4)
Conducting agriculture-related educational and farm-based recreational
activities, including agri-tourism, provided that the activities are related
to marketing the agricultural output or services of the farm;
(5)
Processing and packaging of the agricultural output of the farm and
the operation of a farmer's market or farm stand including signage thereto;
(6)
Maintenance, repair, or storage of seasonal equipment, or apparatus
owned or leased by the farm owner or manager used expressly for the purpose
of propagation, processing, management, or sale of the agricultural products;
and
(7)
On-farm relocation of earth and the clearing of ground for farming operations.
The right to farm is hereby recognized to exist within the Town of Falmouth.
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 of agriculture is more than offset by the benefits of
farming to the neighborhood, community, and society in general. The benefits
and protections of this bylaw are intended to apply exclusively to those commercial
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practices. Moreover, nothing in this
Right To Farm 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.
The following disclosure notification shall be posted in Town Hall and
on the official Town Website:
"It is the policy of this community to conserve, protect, and encourage
the maintenance and improvement of agricultural land for the production of
food, and other agricultural products, and also for its natural and ecological
value. 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 noise, dust, and odors. Buyers or occupants
are also informed that the location of property within the Town may be impacted
by commercial agricultural operations including the ability to access water
services for such property under certain circumstances."
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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 Falmouth hereby declares the provisions of this bylaw to be severable.