[HISTORY: Adopted by the Town Meeting of the Town of Hadley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-28-2004 STM by Art. 11]
A.
The purpose and intent of this bylaw are to explain the right to
farm accorded to all citizens of the commonwealth under Article 97
of the Constitution and all state 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. We the citizens of Hadley 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.
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Hadley by allowing agricultural uses and related activities
to function with minimal conflict with abutters and Town agencies.
This bylaw shall apply to all jurisdictional areas within the Town.
A.
The word "farm" shall include any parcel or contiguous parcels of
land or water bodies used for the primary purpose of commercial agriculture
or accessory thereto.
B.
The word "farming" or "agriculture" or their derivatives shall include
but not be limited to the following:
(1)
Farming in all its branches and the cultivation and tillage of the
soil.
(2)
Dairying.
(4)
Production,
cultivation, growing, and harvesting of any agricultural, floricultural,
viticultural, or horticultural commodities.
(5)
Growing and harvesting of forest products upon forest land.
(6)
Breeding of livestock, including horses.
(7)
Keeping and raising of poultry, swine, cattle, sheep, goats, rabbits,
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 such
as mink.
C.
"Farming"
shall encompass activities including but not limited to the following:
(1)
Operation and transportation of slow-moving and/or oversized farm
equipment over roads within the Town;
(2)
Use of legally established rights-of-way over private property;
(3)
Control of pests and application of manure, fertilizers and pesticides,
as permitted under and in compliance with state law;
(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;
(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 agricultural
products, insofar as not in conflict with Town bylaws; and
(7)
On-farm relocation of earth and the clearing of ground for farming
operations, insofar as permitted by the Wetlands Protection Act.
The right to farm is hereby recognized to exist within the Town
of Hadley. 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 bylaw are intended to apply exclusively to those commercial
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practices. Moreover, nothing
in this right to farm bylaw 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, or other
bylaw or regulation.
[Amended 11-18-2010 STM by Art. 3]
Within 30 days after this bylaw becomes effective, the Select
Board shall prominently post in the Town Hall the following disclosure:
"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 location
of property within the Town may be affected by commercial agricultural
operations."
A.
Any person who seeks to complain about the operation of a farm may,
notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Zoning Enforcement Officer, or the Board
of Health, depending upon the nature of the grievance. The filing
of the grievance does not suspend the time within which to pursue
any other available remedies that the aggrieved may have. The Zoning
Enforcement Officer or Select Board may forward a copy of the grievance
to the Agricultural Commission or its agent, which shall review and
attempt to facilitate the resolution of the grievance and report its
recommendations to the referring Town authority within an agreed upon
time frame.
[Amended 11-18-2010 STM by Art. 3]
B.
The Board of Health, except in cases of imminent danger or public
health risk, may forward a copy of the grievance to the Agricultural
Commission or its agent, which shall review and attempt to facilitate
the resolution of the grievance and report its recommendations to
the Board of Health within an agreed upon time frame.
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 Hadley hereby declares the provisions of this bylaw to
be severable.
