The right to farm is hereby recognized to exist within the Town
of South 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 and local zoning and
other regulations. 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.
Within 30 days after this bylaw becomes effective, the Selectboard
shall prominently post in the Town Hall the following disclosure:
"It is the policy of this community to conserve, protect and
support 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."
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 South Hadley hereby declares the provisions of this bylaw
to be severable.