[HISTORY: Adopted by the Annual Town Meeting
of the Town of Williamstown 5-16-2006, Art. 42.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally
adopted as Chapter 155 but renumbered to maintain the organizational
structure of the Code.
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; c.90, § 9, c.111, § 125A; and c.128
§ 1A. We the citizens of Williamstown 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 Williamstown 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.
A.
The word "farm" shall include any parcel or contiguous
parcels of land, or water bodies used for the primary purpose of commercial
agriculture, or accessory thereto.
B.
The words "farming" or "agriculture" or their derivatives
shall include, but not be limited to the following:
(1)
Farming in all its branches and the cultivation and
tillage of the soil;
(2)
Dairying;
(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 of horses as a commercial enterprise; and
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.
C.
"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 farmers' 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)
Non-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 Williamstown. 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.
A.
In order to allow prospective purchasers to make informed
decisions prior to a real estate transaction and to promote harmony
between farmers and their new neighbors after a transaction, the Town
of Williamstown requests selling landholders and/or their agents (and
assigns) provide written notice to prospective purchasers substantially
as follows:
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"It is the policy of the Town of Williamstown
to conserve, protect and encourage the maintenance and improvement
of agricultural land for the production of food, and other agricultural
products, and for the keeping of horses as a commercial enterprise
and keeping of other animals for food and other agricultural purposes,
including bees and fur-bearing animals, and also for its natural and
ecological value. This disclosure notification is to inform buyers
that the property they are about to acquire 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. Purchasing,
and henceforth occupying, land within Williamstown means that one
should expect and accept such conditions as a norm and necessary aspect
of living in Williamstown."
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B.
Written notification may occur in one of several ways,
including but not limited to a disclosure form or addendum to a purchase
and sale agreement and should include an acknowledgment by the buyer
that they have received notification.
C.
Within 30 days after this bylaw becomes effective
the Select Board shall make available for use by selling landowners
or their agents (and assigns) copies of example written notifications.
[Amended 5-17-2022 ATM, Art. 32]
D.
Within 30 days after this bylaw becomes effective
the Select Board shall prominently place in the Town Hall and on the
Town Web site the above disclosure.
[Amended 5-17-2022 ATM, Art. 32]
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 Williamstown hereby declares
the provisions of this bylaw to be severable.
