As used in this bylaw, the following terms shall have the meanings
indicated:
AGRICULTURE or FARMING
Or their derivatives shall include, but not be limited to,
the following:
A.
Farming in all its branches and the cultivation and tillage
of the soil;
C.
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
D.
Growing and harvesting of forest products upon forest land,
and any other forestry or lumbering operations;
E.
4-H or the national FFA organization projects; and
F.
Keeping and/or raising of livestock which includes but is not
limited to horses, poultry, swine, cattle, sheep, goats, ratites (such
as emus, ostriches and rheas), camelids (such as llamas and alpacas),
and other domesticated animals, including bees and fur-bearing animals.
FARM
Includes any parcel or contiguous parcels of land or water
bodies used for the purpose of agriculture, or accessory thereto.
FARMING
Shall encompass activities including, but not limited to,
the following:
A.
Operation and transportation of slow-moving farm equipment over
roads within the Town;
B.
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals;
C.
Application of manure, fertilizers and pesticides;
D.
Conducting agriculture-related educational and farm-based recreational
activities, including agritourism, provided that the activities are
related to marketing the agricultural output or services of the farm;
E.
Processing and packaging of the agricultural output of the farm
and the operation of a farmer's market or farm stand, including signage
thereto;
F.
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; and
G.
On-farm relocation of earth and the clearing of ground for farming
operations.
The right to farm is hereby recognized to exist within the Town
of Bolton. 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 to those agricultural
and farming operations and activities conducted in accordance with
generally accepted agricultural practices. Moreover, nothing in this
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.
In the event that any part of this bylaw is, for any reason,
held to be unconstitutional, invalid, or void by any court or agency
of competent jurisdiction, it shall not be construed to affect the
validity or the continuation and implementation of all other elements
of this bylaw.