The right to farm is hereby recognized to exist within the Town
of Templeton. 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
protection 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.
The Town will provide a copy of the following notice annually
to Templeton property owners, and will include the notice and copy
of the bylaw on the Town's official website:
"It is the policy of the Town of Templeton to conserve, protect
and encourage 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 property owners that their property 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.
Owners, buyers or occupants are also informed that the location of
property within the Town may be impacted by commercial agricultural
operations, including the ability to access water services for such
property under certain circumstances."
[Amended 6-17-2020 ATM by Art. 9]
Dispute resolution will be the responsibility of the Select
Board (Board), or its designee(s), until such time as an Agricultural
Commission is formed by the Town and empowered to resolve disputes
arising from this bylaw.
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 Templeton hereby declares the provisions of this bylaw
to be severable.