[Adopted 5-11-2009 ATM by Art. 12]
FARM 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.
RIGHT TO FARM Includes, but is not limited to:
A. Production and processing of crops for generation of alternative energy and coproducts;
B. Operation and transportation of all farm equipment over roads within the Town;
C. Control of pests, including but not limited to insects, weeds, predators and disease organisms of plants and animals;
D. Tillage, cultivation and application of manure, fertilizers, herbicides and pesticides;
E. Cultivation and harvest of plants and animals according to agricultural best management practices;
F. Conducting agriculture-related educational activities;
G. Conducting farm-based recreational activities, provided the activities are related to the farm;
H. Processing and packaging of the agricultural output of the farm and the operation of a farmers' market or farm stand, including signage thereto;
I. Maintenance, repair and storage of farm equipment or apparatus;
J. On-farm relocation of earth and the clearing of ground for farming operations;
K. Burning brush in accordance with state agricultural fire permit regulations (310 CMR 7.07);
L. Forest product production and activities necessary thereto;
M. Composting of plant and animal materials;
N. 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.
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.