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 Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128, Section 1A. We the citizens of Southwick 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").
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This General Bylaw encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmlands within the Town of Southwick
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.
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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.
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Not later than 21 days after the purchase and sale contract is entered
into, or prior to the sale or exchange of real property if no purchase and
sale agreement exists, for the purchase or exchange of real property, or prior
to the acquisition of a leasehold interest or other possessory interest in
real property, located in the Town of Southwick, the landowner shall present
the buyer or occupant with a disclosure notification which states the following:
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"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.
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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.
Purchasing or occupying land within the Town of Southwick means that one should
expect and accept such conditions as a normal and necessary part of living
in this community.
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Further details regarding the Right to Farm are provided in the Town's
Right to Farm Bylaw, which is available for review at the Town Hall."
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A copy of the disclosure notification shall be given on a form prepared
by the Town, which is available at the Clerk's Office at Town Hall, and
shall be signed by the landowner prior to the sale, purchase, exchange or
occupancy of such real property. Buyer of said property must sign an acknowledgement
statement on the notification. A copy of the disclosure notification must
be filed with the Board of Selectmen or its designee prior to the sale, purchase,
exchange or occupancy of such real property.
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Any person who seeks to complain about the operation of a farm may,
notwithstanding pursuing any other available remedy, file a grievance with
the Selectmen, the Zoning Enforcement Officer, or the Board of Health, 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 Zoning Enforcement Officer or Selectmen may forward a copy of
the grievance to the Agricultural Commission or its agent, which shall review
and facilitate the resolution of the grievance, and report its recommendations
to the referring Town authority within 30 days.
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The Board of Health, except in cases of imminent danger or public health
risk, may forward a copy of the grievance to the Agricultural Commission or
its agent, which shall review and facilitate the resolution of the grievance,
and report its recommendations to the Board of Health.
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