[HISTORY: Adopted by the Town Meeting of the Town of Barre as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-22-2008 STM, Art. 7]
The purpose and intent of this bylaw/ordinance 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 there under 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 Barre 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"). This general bylaw/ordinance encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town/City of Barre by allowing agricultural uses and related activities to function with minimal conflict with abutters and local agencies. This bylaw/ordinance shall apply to all jurisdictional areas within the Town of Barre.
The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of agriculture, or accessory thereto. The words "farming" or "agriculture" or their derivatives shall include, but not be limited to the following:
The right to farm is hereby recognized to exist within the Town/City of Barre. 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/ordinance are intended to apply exclusively to those agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this right to farm bylaw/ordinance 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.
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 possessor interest in real property, located in the Town of Barre, the landowner shall present the buyer or occupant with a disclosure notification which states the following:
"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 community 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 Town may be impacted by agricultural operations including the ability to access water services for such property under certain circumstances."
A copy of the disclosure notification shall be given on a form prepared by the Town Collector and shall be signed by the landowner prior to the sale, purchase, exchange or occupancy of such real property. 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. In addition to the above, a copy of this disclosure notification shall be provided by the Town to landowners each fiscal year by report to the Annual Report or Town website.
The Town of Barre shall cause signage to be posted and maintained on major thoroughfares informing entering motorists that the Town of Barre is a right to farm community, pending available funds.
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Select Board, 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 Select Board 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 an agreed upon time frame. 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 within an agreed upon time frame.
If any part of this bylaw/ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this bylaw/ordinance. The Town of Barre hereby declares the provisions of this bylaw/ordinance to be severable.
In the event of conflict between this bylaw and all other Town regulations, this bylaw shall take precedence. In the event of conflict between this bylaw and federal or state law, federal or state law shall take precedence respectively.