Town of Sterling, MA Chapter 6 Agricultural Districts

[HISTORY: Adopted by the Town of Sterling 4-26-1982 by Art. 30, approved 9-2-1982; amended 5-12-2008 ATM by Art. 43, approved 7-28-2008; readopted 5-14-2012 ATM by Art. 19, approved 10-11-2012. Amendments noted where applicable.]

GENERAL REFERENCES

Retention/detention ponds — See Ch. 142.

§ 6-1 Authority and purpose.

A. This bylaw shall be known as the "Sterling Agricultural Districts Bylaw" and is adopted under the authority of MGL c. 40, § 21, and MGL c. 43B, § 13, as amended.

B. It is the declared policy of the Town to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The purpose of this bylaw is the implementation of that policy through providing for the creation of Agricultural Districts.

§ 6-2 Agricultural Commission.

An Agricultural Commission is hereby created, comprised of a minimum of three and maximum of seven members plus three numbered alternates to be appointed by the Select Board for terms of three years (except that initial terms shall be of lengths so that no more than three expire in any one year). A majority of the membership shall be substantially engaged in the pursuit of agriculture. The Commission shall elect a Chair, Vice Chair, Treasurer and a Clerk. All decisions shall require a positive vote of the majority of members present. Alternates may be used by the order of their assigned number to form a quorum and to vote in the absence of regular members. The Agricultural Commission once appointed shall develop a work plan to guide its activities as charged by the Select Board. Such activities include, but are not limited to, the following: encouraging the pursuit of agriculture in Sterling; promoting agricultural-based economic opportunities in Town; mediating, advocating, educating and/or negotiating on farming issues; working for preservation of agricultural lands; pursuing all initiatives appropriate to retaining farming in Sterling; and pursuing all initiatives appropriate to creating a sustainable agricultural community and preserving the rural character of Sterling.

§ 6-3 District creation.

Agricultural Districts may be created or amended only if consistent with the following:

A. Creation of, dissolution of, or amendment of an Agricultural District shall be initiated by petition to the Agricultural Commission by one or more owners of agricultural property within the affected area. Agricultural property shall mean property already within an Agricultural District, or committed to agricultural use, as evidenced by being valued under MGL c. 61A, as amended, or by other means. Only land owned by petitioners or the Town of Sterling shall be included within an Agricultural District, except that up to 10% of the district area may with the written initial consent of the owners be other land included to simplify district boundaries.

B. Within 90 days of receipt of the petition, the Commission shall hold a public hearing on the proposal, with notice given at least seven days prior to the public hearing at the petitioner's expense in a newspaper of general circulation in Sterling and in writing to all owners of land within the affected area.

C. No district shall be created unless it contains at least 50 acres or unless the area of the district plus land in the same ownership in another Agricultural District totals at least 50 acres.

D. The petitioned creation, dissolution, or modification of an Agricultural District or some revision thereof may be made by vote of the Agricultural Commission, which vote shall be made within 30 days of the closing of the public hearing.

E. Any petition refused by or not timely acted upon by the Agricultural Commission may be placed on the warrant for a Town Meeting in the manner prescribed in MGL c. 39, § 10, as amended. In such cases a majority vote of the Town Meeting may create, dissolve, or amend an Agricultural District, as petitioned.

§ 6-4 Nuisance actions; effect of public improvements; priority purchase considerations.

The following shall apply within all Agricultural Districts:

A. In responding to complaints regarding activities associated with farming activities within an Agricultural District, the Select Board and the Board of Health shall draw attention to and reflect the intent of MGL c. 111, § 125A, as amended, which limits nuisance actions against agricultural activities.

B. Consideration shall be given to possible impact on continued agricultural activity within Agricultural Districts, in designing public investments in water system extensions and other facilities, in acquiring public land, and in designing zoning bylaws and map amendments. When such Town actions are proposed, the Agricultural Commission shall report on the consequences for Agricultural District properties and make recommendations to the agencies concerned and to the Town Meeting, consistent with the purpose of this bylaw.

C. Priority for consideration by Select Board members and other Town officials for proposed purchase of agricultural preservation restrictions under MGL c. 184, §§ 31 to 33, shall be given to property located within an Agricultural District.

D. The design of betterment systems for public improvements shall, to the extent permitted by law, avoid imposition of costs on Agricultural District property whose agricultural use does not benefit from those improvements.