[HISTORY: Adopted as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-24-2009 ATM, Art. 12]
A.
The Town of Sunderland finds that farming is an essential
and valued activity, which provides fresh food, clean air, economic
diversity, local employment, and open spaces to all the citizens of
our Town. This bylaw is intended to encourage the pursuit of agriculture,
promote agricultural-based economic and employment opportunities,
and protect farmland within the Town of Sunderland. The purpose is
to allow agricultural uses and related activities to function in harmony
with the community, Town agencies and others. This bylaw shall apply
to all jurisdictional areas within the Town.
B.
This bylaw restates with emphasis the right to farm accorded to all
citizens of the Commonwealth of Massachusetts as stated under the
Constitution and General Laws and Regulations, including but not limited
to Article 97 of the Constitution, MGL c. 40A, § 3, Paragraph
1 (the "Zoning Act"); c. 90, § 9; c. 111, § 125A;
and c. 128, § 1A. We the citizens of Sunderland restate
and republish these rights pursuant to the Town's authority conferred
by Article 89 of the Articles of Amendment of the Massachusetts Constitution
(the "Home Rule Amendment").
A.
"Farm" shall include any parcel or contiguous parcels of land, or
water bodies used for the primary purpose of commercial agriculture,
or uses accessory thereto. "Commercial" shall be defined by the minimum
acreage requirement or the gross sales and program payment requirement
specified in MGL c. 61A, § 3, as amended. "Farm" shall include
youth-related agricultural activities, such as but not limited to
4-H, irrespective of minimum acreage or gross sales and program payment
requirements. "Farming" or "agriculture" shall include, but not be
limited to the following:
(1)
Farming in all its branches and the cultivation and tillage of soil;
(2)
Dairying;
(3)
Orchards;
(4)
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
(5)
Growing and harvesting of forest products upon forest land, and
any other forestry or lumbering operations;
(6)
Raising of livestock, including horses;
(7)
Keeping of horses as a commercial enterprise; and
(8)
Keeping and raising of poultry, sheep, goats, swine, cattle, ratites
(such as emus, ostriches and rheas) and camelids (such as llamas and
camels), and other domesticated animals for food and other agricultural
purposes, including bees and fur-bearing animals.
B.
"Farming" shall encompass activities including, but not limited to,
the following:
(1)
Operation and transportation of slow-moving farm equipment over
roads within the Town;
(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 seasonal 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;
(8)
Revitalizing drainage or irrigation ditches, picking stone, erecting,
repairing or maintaining fences, and clearing, rejuvenation and maintaining
pastures; and
(9)
Herding of livestock from area to area, including along roads.
The right to farm is hereby recognized to exist within the Town
of Sunderland. 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. For
any agricultural practice, in determining the reasonableness of the
time, place, and methodology of such practice, consideration shall
be given to both traditional customs and procedures as well as to
new practices and innovations. Moreover, nothing in this Right to
Farm Bylaw shall be deemed as acquiring any interest in land. The
protections contained in this bylaw do not supersede any applicable
zoning or legal restrictions associated with agricultural operations
or other local, state or federal laws or regulations.
A.
In order to promote harmony between farmers and their neighbors,
residents shall be notified by the Town as set forth below and buyers
and occupants shall be notified by landholders and/or their agents
(and assigns) prior to the sale or exchange of real property, or prior
to the acquisition of a leasehold interest or other possessory interest
in real property, through written notification, as follows:
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"It is the policy of the Town of Sunderland 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 residents and buyers that the property they occupy or
are about to acquire or occupy lies within a town where farming activities
occur. Such farming activities (which may occur on holidays, weekdays,
and weekends by night or day) may include, but are not limited to,
activities that cause noise, dust and odors. Occupying land within
Sunderland means that one should expect and accept such conditions
as a normal and necessary aspect of living in such an area. Buyers
or occupants are also informed that the location of property within
the Town may be impacted by commercial agricultural operations."
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B.
A copy of the above notification shall be posted in the Town Hall,
and at any other location at the Board of Selectmen's sole discretion.
The notification shall also be available for distribution upon request
in the offices of the Board of Selectmen, Board of Assessors, and
the Town Clerk. A copy of the notification shall be included in the
Town's Annual Report and may, at the Board of Selectmen's
sole discretion, be mailed to all Town residents from time to time.
Any person having a complaint about a farm or farming activity
or practice is encouraged to seek an amicable resolution to the complaint,
including talking directly with the involved farmer. Such person may,
notwithstanding pursuing any other available remedy, request resolution
assistance from the Board of Selectmen. Such a request does not suspend
the time within which to pursue any other available remedies. The
Board of Selectmen may, at its sole discretion and to the extent the
Board believes resolution of the matter may be facilitated by involvement
of the Town, appoint a panel of at least three individuals, to include
representation from farmers, or refer such request to a Sunderland
Agricultural Commission, should one exist, or other appropriate board
or officer. Said panel, Agricultural Commission or board or officer
shall review and facilitate the resolution of such a request and report
its recommendations to the Board of Selectmen within the agreed-upon
time frame. Notwithstanding any other provision of this section, however,
the Board of Selectmen shall not be required to forward a complaint
filed in accordance herewith or to take any other action whatsoever
with regard thereto.
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 Sunderland hereby declares the provisions of this bylaw
to be severable.
