[Adopted 4-8-2008 ATM by Art. 33, approved 8-5-2008]
FARM
Shall include any 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
Shall include, but not be limited to the following:
A.
Farming in all its branches and the cultivation
and tillage of the soil; dairying;
B.
Production, cultivation, growing and harvesting
or any agricultural, aquacultural, floricultural, viticulture, or
horticultural commodities;
C.
Growing and harvesting of forest products upon
forest land and any other forestry or lumbering operations.
D.
Keeping and raising of livestock including horses;
keeping of horses as a commercial enterprise; and
E.
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.
FARMING
Shall encompass activities including but not limited to the
following:
A.
Operation and transportation of slow-moving
farm equipment over roads within the Town;
B.
Control of pests, including but not limited
to, insects, weeds, predators and disease organism of plants and animals;
C.
Application of manure, fertilizers and pesticides;
D.
Conducting agriculture-related educational and
farm-based recreational activities including agri-tourism, provided
that the activities are related to marketing the agriculture output
or services of the farm;
E.
Processing and packaging of the agricultural
output of the farm and the operation of the farmer's market or farm
stand including signage thereto;
F.
Maintenance, repair or storage of seasonal equipment
or apparatus owned or leased by the farm owner or manager expressly
for the purpose of propagation, processing, management or sales of
the agricultural products; and
G.
On-farm relocation of earth and the clearing
of trees, brush and ground for farming operations.
Any person who seeks to complain about the operation
of a farm may, notwithstanding pursuing any other available remedy,
file a grievance with the Board of Health, Zoning Enforcement Officer,
or Natural Resources depending upon the nature of the grievance. The
filing of the grievance does not suspend the time within which to
pursue any other available remedies that the aggrieved may have. The
Board of Health, Zoning Enforcement Officer, or Natural Resources
may forward a copy of the grievance to the Agricultural Commission
or its agent, which shall review and facilitate the resolution of
the grievance involving all concerned parties and report its recommendations
to the referring Town authority within an agreed upon time frame.
If any part of this general code is for any
reason held to be unconstitutional or invalid, such decision shall
not affect the remainder of this general code. The Town of Yarmouth
hereby declares the provisions of this general code to be severable.