[Adopted 4-24-2009 ATM, Art. 12]
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.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
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 Selectboard. Such a request does not suspend the
time within which to pursue any other available remedies. The Selectboard
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 Selectboard within the agreed-upon time frame. Notwithstanding
any other provision of this section, however, the Selectboard 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.