[HISTORY: Adopted by the City Council of
the City of Northampton 12-15-2005 (Ch. 2, §§ 2-700 through 2-707, of the 1977
Code). Amendments noted where applicable.]
A.
Agriculture is an essential and valued activity in
Northampton. It provides fresh food, clean air, economic diversity,
and open spaces to all the citizens of Northampton.
B.
Due to Northampton's growing desire to protect agricultural
land in the community, this chapter establishes a right to farm. The
mission of this chapter is to provide a voice and a network for farmers
within Northampton, while, at the same time, to maintain farmland
and agricultural-based opportunities in the City for the benefits
of its citizens and future generations.
[Amended 12-5-2014]
C.
Further, the purpose and intent of this chapter is
to state with emphasis the right to farm accorded to all citizens
of the commonwealth under Article 97 of the Amendments to the Constitution
and all state statutes and regulations thereunder, including but not
limited to MGL c. 111, § 125A and c. 128, § 1A.
We the citizens of Northampton restate and republish these rights
pursuant to the City's authority conferred by Article 89 of the Articles
of Amendment of the Massachusetts Constitution ("Home Rule Amendment").
D.
This chapter encourages the pursuit of agriculture,
promotes agriculture-based economic opportunities, and protects farmlands
within the City of Northampton by allowing agricultural uses and related
activities to function with minimal conflict with abutters and City
agencies. This chapter shall apply to all jurisdictional areas within
the City.
[1]
Editor's Note: Former §§ 111-2, Membership
of Agricultural Commission, and 111-3, Commission duties, as amended,
were repealed 12-4-2014. See now the Administrative Code, included
in the City Code following the Charter.
As deemed by Chapter 61A of the General Laws
of Massachusetts:
A.
Land shall be deemed to be in agricultural use when
primarily and directly used in raising animals, including but not
limited to dairy cattle, beef cattle, poultry, sheep, swine, horses,
ponies, mules, goats, bees and fur-bearing animals, for the purpose
of selling such animals or a product derived from such animals in
the regular course of business; or when primarily and directly used
in a related manner which is incidental thereto and represents a customary
and necessary use in raising such animals and preparing them or the
products derived therefrom for market.
B.
Land not less than five acres in area shall be deemed
to be actively devoted to agricultural or horticultural uses when
the gross sales of agricultural, horticultural or agricultural and
horticultural products resulting from such uses together with the
amount, if any, payable under a soil conservation or pollution abatement
program of the federal government or the commonwealth total not less
than $500 per year or when the use of such land is clearly proven
to be for the purpose of achieving an annual total of not less than
$500 from such gross sales and program payments within the normal
product development period as determined by the Farmland Valuation
Advisory Commission established pursuant to § 11 of Chapter
61A of the General Laws. In cases where the land is more than five
acres in area, the gross sales and program payment standard above
set forth shall be increased at the rate of $5 per acre except in
the case of woodland or wetland for which such increase shall be at
the rate of $0.50 per acre.
[Amended 2-1-2007]
(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.
(7)
Keeping and raising of poultry, swine, cattle, exotics
(such as emus, ostriches, rheas, 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 City.
(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 agricultural 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.
(7)
On-farm relocation of earth and the clearing of ground
for farming operations in-line with federal and state regulations.
A.
The right to farm is hereby recognized to exist within
the City of Northampton. 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 activity 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 chapter are intended to apply
exclusively to those commercial agricultural and farming operations
and activities conducted in accordance with generally accepted agricultural
practices.
B.
Notwithstanding any language in this chapter, a right-to-farm
declaration shall not be deemed as acquiring any interest in land,
or as imposing or superseding any land use or environmental regulation,
which is properly the subject of state statute, regulation, or local
zoning or other ordinance.
A.
Any person who seeks to complain about the operation
of a farm may, notwithstanding pursuing any other available remedy,
file a complaint to the Agricultural Commission. The filing of the
complaint does not suspend the time within which to pursue any other
available remedies that the aggrieved may have. The Agricultural Commission
shall review and facilitate the complaint and report its recommendations
to the referring City authority within an agreed-upon time frame.
B.
The Agricultural Commission looks to ease disputes
and administer workable solutions to potential farming issues.
A.
In order to promote harmony between farmers and their
new neighbors, the City of Northampton requires landholders and/or
their agents (i.e., homeowners and real estate agents) and assigns
to provide notice to prospective purchasers and occupants of land
located within 1/2 mile of any active farming operation as follows:
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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 city 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 City may be impacted by commercial
agricultural operations including the ability to access water services
for such property under certain circumstances."
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B.
A copy of the disclosure notification shall be given
to and signed by the landowner prior to the sale, purchase, exchange
or occupancy of such real property. This notification places the burden
of awareness upon the landowners surrounding agricultural areas, and
not on the farmers of Northampton. A copy of the disclosure notification
must be filed with the Agricultural Commission prior to the sale,
purchase, exchange or occupancy of such real property.
