[Adopted 5-5-2009 STM by Art. 1]
The right to farm is hereby recognized to exist
within the Town of Harwich. 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.
Within 30 days after this bylaw becomes effective,
the Board of Selectmen of the Town of Harwich shall prominently post
in the Town Hall and make available for distribution the following
disclosure: "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."
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 Harwich hereby declares the
provisions of this bylaw to be severable.