The right to farm is hereby recognized to exist within the Town
of Lancaster. 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 recognized that
agricultural practices may impact others; however, the benefits of
farming to the neighboring community and society more than offsets
such impact. 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
good agricultural practices. Moreover, nothing in this Right to Farm
Bylaw shall be deemed as acquiring any interest in land or imposing
any land use regulation, which is properly the subject of state statute,
regulation, or local zoning law.
A copy of this disclosure notification shall be posted by the
Town to residents and property owners via the official Town website
and available at the Town Hall:
"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 town 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 buyers' property within the Town may be impacted by
commercial agricultural operations, including the ability to access
water services for such property under certain circumstances, as per
the Water Management Act."
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In the event of conflict between this bylaw and federal or state
law, federal or state law shall take precedence respectively.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of the bylaw.
The Town of Lancaster hereby declares the provisions of the bylaw
to be severable.