As used in this bylaw, the following terms shall have the meanings
indicated:
FARM
Includes any parcel or contiguous parcels of land, or water
bodies used for the primary purpose of commercial agriculture, or
accessory thereto.
FARMING OR AGRICULTURE
A.
Includes, but shall not be limited to, the following:
(1)
Farming in all its branches and the cultivation and tillage
of the soil;
(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 as a commercial enterprise; and
(7)
Keeping and raising of poultry, swine, cattle, ratites (such
as emus, ostriches, and rheas) and camelides (such as llamas and camels),
and other domesticated animals for food and other agricultural purposes,
including bees and fur-bearing animals.
B.
"Farming" shall encompass activities including, but 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;
(3)
Application of manure, fertilizers and pesticides;
(4)
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;
(5)
Processing and packaging of the agricultural output of the farm
and the operation of a farmer's market or farm stand, including signage
thereto;
(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 the agricultural
products; 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 Middleborough. 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 exclusively to those
commercial 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 the state statutes, regulation, or local zoning law.
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 Middleborough hereby declares the provisions of this bylaw
to be severable.