[HISTORY: Adopted by the Town Meeting of the Town of Norwell 5-3-2016, Art. 53. Amendments noted where
applicable.]
A.
The purpose and intent of this bylaw is to state with emphasis the
right to farm accorded to all citizens of the Commonwealth under Article
97 of the Constitution, and all statutes and regulations thereunder,
including but not limited to MGL c. 40A, § 3, Paragraph
1; MGL c. 90, § 9; MGL c. 111, § 125A; and MGL
c. 128, § 1A. We the citizens of Norwell restate and republish
these rights pursuant to the Town's authority conferred by Article
89 of the Articles of Amendment of the Massachusetts Constitution
("Home Rule Amendment").
B.
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities and protects farmlands and
forests within the Town of Norwell by allowing agricultural uses and
related activities to function with minimal conflict with abutters
and Town agencies. This bylaw shall apply to all jurisdictional areas
within the Town.
A.
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.
B.
The words
"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, viticulture or horticultural commodities including
orchards;
(4)
Growing
and harvesting of forest products upon forest land, and any other
forestry or lumbering operations;
(5)
Raising
and/or boarding of livestock including horses;
(6)
Keeping
and/or training of horses as a commercial enterprise; and
(7)
Keeping
and raising of poultry, swine, cattle, ratites (such as emus, ostriches
and rheas) and camelids (such as llamas and alpacas) and other domesticated
animals for food and other agricultural purposes, including bees and
fur-bearing animals.
C.
"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 organism of plants and animals;
(3)
Application
and storage of manure, fertilizers and pesticides under generally
accepted management practices;
(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;
(7)
On farm
relocation of earth and the clearing of ground for farming operations;
and
(8)
Maintaining
drainage or irrigation ditches; picking stone; constructing, repairing
or maintaining fences; and clearing, renovating and maintaining pastures
including using the practice of prescription burning.
The right to farm is hereby recognized to exist within the Town
of Norwell. 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 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.
A.
In order
to ensure that prospective owners and tenants are aware of the policy
of the Town of Norwell expressed in this bylaw regarding agricultural
uses, the following notification shall be prominently posted in the
Norwell Town Hall, the Norwell Library and on the Town of Norwell
website within 30 days of this bylaw becoming effective. In addition,
the notification language required by this section shall appear each
year in the Town's Annual Report.
It is the policy of this community to conserve, protect and
encourage the maintenance and improvement of forest and agricultural
lands 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 and occupants are also informed
that the location of property within the Town may be impacted by commercial
agricultural and farming activities.
B.
Property
owners should make efforts to inform prospective tenants or buyers
that Norwell is a "Right to Farm" community.
A.
Any person having a complaint about a farm activity or practice is
encouraged to seek an amicable resolution to the complaint, including
talking directly with the involved farmer.
B.
Any person who seeks to complain about the operation of a farm may,
notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Building Inspector/Zoning Enforcement Officer,
or the Board of Health, depending upon the nature of the grievance.
The filing of the grievance does not suspend the time within which
to pursue any other available remedies that the aggrieved may have.
[Amended 5-8-2021 ATM by Art. 11]
C.
The Board of Health, except in cases of imminent danger or public
health risk, may forward a copy of the grievance to the Select Board,
which shall review and facilitate the resolution of the grievance,
and report its recommendations to the Board of Health within an agreed
upon time frame.
[Amended 5-8-2021 ATM by Art. 11]
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 Norwell hereby declares the provisions of this bylaw to
be severable.
