[HISTORY: Adopted by the Town Council of the Town of Tolland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-24-2017 by Ord. No. 92]
A.
Agriculture plays an important role in Tolland's heritage, economy,
and physical landscape and contributes to the overall character of
the community. It is the purpose and intent of this article to promote
and advance local agricultural activity by limiting circumstances
under which such operations may be considered a nuisance. It is further
determined that whatever impact may be caused to others through normal
and generally accepted agricultural practices, such impact is offset
and ameliorated by the benefits of farming to the neighborhood, community
and society in general. It is a further intent to reinforce the Town's
support for local farming.
B.
This article encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities and protects farmland within the Town by allowing
agricultural uses and related activities to function with minimal
conflict with abutters and Town agencies.
The terms "agriculture" and "farming" shall have all those meanings
set forth in Section 1-1(q) of the Connecticut General Statutes, as
amended.
A.
Notwithstanding any general statute or municipal ordinance or regulation
pertaining to the contrary, no agricultural or farming operation,
place, establishment or facility or any of its appurtenances, or the
operation thereof, shall be deemed to constitute a nuisance, either
public or private, due to alleged objectionable:
(1)
Odor from livestock, manure, fertilizer, or feed.
(2)
Noise from livestock or farm equipment used in accordance with normal,
generally acceptable farming procedures.
(3)
Dust created during plowing or cultivation operations.
(4)
Use of chemicals, provided such chemicals and the method of their
application conform to practices approved by the State Commissioner
of Environmental Protection, the State Commissioner of Public Health,
and/or local officials, as applicable.
(5)
Irrigation and water management associated with normally accepted
farming practices.
B.
Inspection and approval of the agricultural and farming operation,
place, establishment or facility by the State Commissioner of Agriculture
or his/her designee shall be prima facie evidence that such operations
follow generally accepted farming practices.
C.
The provisions of this article shall not apply whenever a nuisance
results from the negligent, reckless or improper operation of any
such agricultural or farming operation, place, establishment or facility
or any of its appurtenances.
D.
Nothing contained in this article shall restrict the powers of Tolland's
Inland Wetlands Commission, Planning and Zoning Commission, or Building
or Health Department under Connecticut General Statutes.
