[HISTORY: Adopted by the Town of Newbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition — See Ch. 1, Art. II.
[Adopted 5-27-2008 ATM, Art. 25]
The purpose and intent of this by-law is to state with emphasis the right to farm accorded to all citizens of the Commonwealth under amendment Article 97 of the Massachusetts Constitution and all statutes and regulations thereunder including but not limited to General Laws Chapter 40A, section 3; Chapter 90, Section 9; Chapter 111, Section 125A; and Chapter 128, Section 1A. We the citizens of Newbury restate and republish these rights pursuant to the Town's authority conferred under the Home Rule Amendment to the Massachusetts Constitution.
This by-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town boards and commissions. This by-law shall apply to all jurisdictional areas within the Town.
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.
The words "farming" or "agriculture" or their derivatives shall include, but not be limited to the following: farming in all its branches and the cultivation and tillage of the soil; dairying; production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities; growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations; raising of livestock including horses; keeping of horses as a commercial enterprise; and keeping and raising of poultry, cattle, swine, 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.
"Farming" shall encompass activities including, but not limited to, the following: operation and transportation of slow-moving farm equipment over roads within the Town; control of pests, including, but not limited to, insects, weeds, predators and disease organisms of plants and animals; application of manure, fertilizers and pesticides; 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; processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto; 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; and on-farm relocation of earth and the clearing of ground for farming operations.
[Amended 11-12-2019 STM, Art. 13]
The right to farm is hereby recognized to exist within the Town of Newbury. The above-described 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 in the neighborhood, community, and society in general. The benefits and protections of this by-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices.
[Amended 5-26-2009 ATM, Art. 27]
Immediately upon the execution of a purchase and sale agreement for the purchase of any real estate is entered into, or prior to the sale or exchange of real property if no purchase and sale agreement exists, for the purchase or exchange of real property, or prior to the acquisition of a leasehold interest or other possessory interest in real property, located in Newbury, the landowner shall present the buyer or occupant with a disclosure notification which states the following:
"It is the policy of Newbury to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, or 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 may cause noise, dust or odors. Buyers and occupants are also informed that the location of property within Newbury may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances."
A copy of the disclosure notification shall be signed by the landowner prior to the sale, purchase, exchange or occupancy of real property. A copy of the disclosure notification must be filed with the Board of Selectmen prior to the sale, purchase, exchange or occupancy of such real property. In addition, the Town may mail a copy of this disclosure notification to all landowners once each fiscal year by inclusion in its mailing of real estate or excise taxes.
Any violation of this section shall be subject to a fine of $300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce this section under the non-criminal disposition provision of G.L. c. 40, § 21D.
The Town hereby establishes an Agricultural Commission to serve as facilitator and advocate for encouraging the pursuit of farming and agriculture in Newbury, and to promote agricultural-based economic opportunities in the Town, which shall work with Town officials and boards to promote and protect agricultural interests. The Commission shall consist of five members appointed by the Board of Selectmen, two members to be initially appointed for a term of three years, two members for a term of two years, and one member for a term of one year, all reappointments thereafter to be for a term on three years. Up to three alternates may be appointed by the Board of Selectmen for one year terms.
Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Board of Selectmen, the Zoning Enforcement Officer, or the Board of Health, depending on the nature of the grievance. The filing of a grievance does not suspend the time within which to pursue any other available remedies that the aggrieved person may have. The Board of Selectmen or Zoning Enforcement Officer shall forward a copy of the grievance to the Agricultural Commission which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring town officials. The Board of Health, except in cases of imminent danger or a public health risk, shall forward a copy of the grievance to the Agricultural Commission, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health.
If any part of this by-law is for any reason held to be unconstitutional or invalid, such determination shall not affect the remainder of this by-law. The Town of Newbury hereby declares the provisions of this by-law to be severable;