[HISTORY: Adopted by the Annual Town Meeting of the Town
of Belchertown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 145.
[Adopted 5-11-2009 ATM by Art. 12]
A.
The purpose and intent of this article is to state with emphasis
the right to farm accorded to all citizens of the commonwealth under
Article 97 of the Articles of Amendment of the Massachusetts Constitution,
and all commonwealth statutes and regulations thereunder, including
but not limited to MGL c. 40A, § 3, Paragraph 1; MGL c.
90, § 9; MGL c. 111, § 125A; and MGL c. 128, § 1A.
This will serve to 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.
The citizens of this Town voted at a Special Town Meeting held on
August 4, 1988, to accept Chapter 613 of the Acts of 1985, known as
the "Right to Farm Law," which is within the above-mentioned statutory
scheme.
The word shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of "agriculture" and "agritourism," as defined in the Belchertown Code, § 145-2, Definitions.
Includes, but is not limited to:
Production and processing of crops for generation of alternative
energy and coproducts;
Operation and transportation of all farm equipment over roads
within the Town;
Control of pests, including but not limited to insects, weeds,
predators and disease organisms of plants and animals;
Tillage, cultivation and application of manure, fertilizers,
herbicides and pesticides;
Cultivation and harvest of plants and animals according to agricultural
best management practices;
Conducting agriculture-related educational activities;
Conducting farm-based recreational activities, provided the
activities are related to the farm;
Processing and packaging of the agricultural output of the farm
and the operation of a farmers' market or farm stand, including
signage thereto;
Maintenance, repair and storage of farm equipment or apparatus;
On-farm relocation of earth and the clearing of ground for farming
operations;
Burning brush in accordance with state agricultural fire permit
regulations (310 CMR 7.07);
Forest product production and activities necessary thereto;
Composting of plant and animal materials;
Construction and use of farm structures and facilities for the
purpose of: storage of animal wastes, farm equipment, pesticides,
fertilizers, agricultural products; livestock housing; processing
of animal wastes and/or animal products; season extension or hydroponic
production of agricultural products; sale of agricultural products;
farm labor; construction and maintenance of fences; on-farm energy
production equipment and structures; all as permitted by local and
state building codes and regulations.
The right to farm is recognized to exist in the Town of Belchertown.
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. The benefits and protections of this
article are intended to apply exclusively to those agricultural and
farming operations and activities. Moreover, nothing in this article
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. This Bylaw does not supersede local,
state of federal laws or regulations or private covenants.
A.
In order to allow prospective purchasers to make informed decisions
prior to a sale of property and to promote harmony between farmers
and their new neighbors, the Town of Belchertown requests selling
landowners and/or their agents (and assigns) to provide written notice
to prospective purchasers substantially as follows:
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"It is the desire of the Town of Belchertown 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 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 occupying land within
Belchertown means that one should expect and accept such conditions
as a normal and necessary aspect of living in Belchertown."
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B.
The Belchertown Agricultural Commission will make available for use
by selling landowners or their agents and assigns copies of written
example notification, and make suggestions on their dissemination
for notification purposes.
A.
Any person having a complaint about a farm or farming activity or
practice is encouraged to seek an amicable solution through resolution
directly with the owner or operator of the farm at issue. Such person
may also file a complaint with the Town Administrator, under this
article. This procedure is notwithstanding the pursuit of other available
remedies through Town bylaws and regulations, state statutes and regulations,
or legal remedy. The Town Administrator will forward farming complaints
to the Agricultural Commission (and other Town board or officer as
appropriate). The Agricultural Commission will seek an amicable resolution
through facilitating discussion between the parties, and will issue
its recommendations to the Town Administrator.
B.
Complaints about a farm or farming activity filed with other deliberative
Town boards and/or officials will be copied to the Agricultural Commission
as information only. The Commission will not intercede for a party
in actions not placed before the Commission, but may present general
information that may be beneficial to Town boards and/or officials.
If any part of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
The Town of Belchertown hereby declares the provisions of this article
to be severable.
