[HISTORY: Adopted by the Town Meeting of the Town of Ipswich 10-19-2009 STM, approved by Attorney
General 2-16-2010[1] (Ch. XIX (second) of the 1973 Bylaws). Amendments noted
where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 224.
[1]
Note: With the disapproval by the AG of the following statement:
"The Tax Collector shall include a copy of the disclosure notification
form with all responses to requests for Municipal Lien Certificates."
A.
Agricultural production is a major contributor to the Town's
economy. Agricultural lands constitute continuation of existing and
the initiation of new agricultural activities preserve the landscape
and environmental resources of Ipswich, contribute to the increase
of tourism, and further the economic welfare and self-sufficiency
of the people of Ipswich.
B.
The purpose and intent of this bylaw 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 applicable statutes and regulations of the Commonwealth, including but not limited to MGL c. 40A, § 3; MGL c. 90, § 9; MGL c. 111, § 125A; and MGL c. 128, § 1A.
C.
This bylaw 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.
A.
"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;
(3)
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
(4)
Growing and harvesting of forest products upon forest land, and any
other forestry or lumbering operations;
(5)
Raising of livestock including horses;
(6)
Keeping of horses; and
(7)
Keeping and raising of poultry, cattle, swine, ratites (such as emus,
ostriches and rheas) and camelids (such as llamas and camels), phasianids
(such as pheasants and peafowl), and other domesticated animals for
food and other agricultural purposes, including bees and fur-bearing
animals.
B.
Farming activities include, but are not limited to, the following:
(1)
Operation and transportation of slow-moving farm equipment over roads
within the Town;
(2)
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals; application
of manure, fertilizers and pesticides;
(3)
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;
(4)
Processing and packaging of the agricultural output of the farm and
the operation of a farmer's market or farm stand including signage
thereto;
(5)
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;
(6)
On-site production of fuel or power from agricultural products or
wastes principally produced on the farm; and
(7)
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 Ipswich. 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 generally
accepted agricultural practices. 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. (Generally accepted agricultural practices include, but
are not limited to, best management practices. Guidance on current
best management practices can be obtained from the U.S. Department
of Agriculture's Natural Resource Conservation Service, the Massachusetts
Farm Bureau, the University of Massachusetts Extension program, the
Massachusetts Department of Agricultural Resources, or from other
recognized agricultural institutions.) Moreover, nothing in this bylaw
shall be deemed as acquiring any interest in land. The protections
contained in this bylaw do not impose or preempt any land use or other
restrictions associated with agricultural operations, which are properly
the subject of state statute, regulation, zoning, or other local bylaws,
including the Ipswich Wetlands Protective Bylaw.[1]
A.
In order to allow prospective purchasers to make informed decisions
prior to a real estate transaction and to promote harmony between
farmers and their new neighbors after a transaction, the Town of Ipswich
requests that selling landholders and/or their agents and assigns
provide written notice to prospective purchasers substantially as
follows:
"It is the policy of Ipswich 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. Purchasing, and henceforth occupying land within Ipswich
means that one should expect and accept such conditions as a norm
and necessary aspect of living in Ipswich."
B.
Written notification may occur in one of several ways, including,
but not limited to, a disclosure form or an addendum to a Purchase
and Sale Agreement, and should include an acknowledgment by the buyer
that they have received notification.
C.
Within 30 days after this bylaw becomes effective, the following
shall occur:
(1)
The Town, through the Offices of the Town Manager and Town Clerk,
shall make available for use by selling landowners and/or their agents
and as, copies of sample written notifications, including a disclosure
notification form.
(2)
The Town shall prominently place the above-stated policy disclosure
in one or more locations in Town Hall.
A.
To enhance the prompt resolution of disputes that may arise between
those engaged in the agricultural uses protected under this Bylaw
and those who claim that the use or enjoyment of their properties
is adversely affected by such uses, the following dispute resolution
procedure is established as a means by which owners and tenants may
attempt to resolve the dispute in a prompt, effective, and amicable
manner.
B.
Any person who wishes to complain that the operation of a farm is
creating a substantial adverse effect on health, safety, or welfare,
or is creating a noxious and significant interference with the use
or enjoyment of their real property may, notwithstanding pursuance
of any other available remedy, request resolution assistance from
the Select Board, the Zoning Enforcement Officer, or the Board of
Health, depending on the nature of the request. The filing of a request
for resolution assistance does not suspend the time within which to
pursue any other available remedies that the complainant may have.
The Select Board, Zoning Enforcement Officer, or Board of Health shall
forward a copy of the request to the Agricultural Commission, which
shall review the request, and report its recommendations to the referring
Town officials within an agreed upon time frame.
If any part of this bylaw is for any reason held to be unconstitutional
or invalid, such determination shall not affect the remainder of this
bylaw. The Town of Ipswich hereby declares the provisions of this
bylaw to be severable.
