[HISTORY: Adopted by the Special Town Meeting
of the Town of Groton 10-23-2006 by Art. 25; amended in its entirety
4-30-2018 ATM by Art. 18. Subsequent amendments noted where applicable.]
There shall be an Agricultural Commission (Commission) to promote
and develop the agricultural resources of the Town; to promote agricultural-based
economic opportunities; to preserve, revitalize and sustain the Groton
agricultural industry; to encourage the pursuit of agriculture as
a career opportunity and lifestyle in the Town of Groton; and to represent
the Groton farming community.
A.Â
The
Commission shall have all of the powers and duties enumerated in MGL
c. 40, § 8L, which shall include, but not be limited to,
the following:
(1)Â
Buy (only with funds available to the Commission), hold, manage,
license, or lease land for agricultural purposes;
(2)Â
Educate the public on agricultural issues;
(3)Â
Advocate for farmers, farm businesses and farm interests;
(4)Â
Assist farmers in resolving municipal problems or conflicts related
to farms;
(5)Â
Seek to coordinate agricultural-related activities with other governmental
bodies or unofficial local groups or organizations that promote agriculture;
(6)Â
Receive grants, gifts, bequests or devises of money or personal property
of any nature and interests in real property in the name of the Town
of Groton, in accordance with MGL c. 40, § 8L, and subject
to the approval of the Select Board;
[Amended 10-1-2018 ATM
by Art. 14]
(7)Â
Apply for, receive, expend and act on behalf of the Town of Groton
in connection with federal and state grants or programs or private
grants related to local agriculture, with the approval of the Groton
Select Board;
[Amended 10-1-2018 ATM
by Art. 14]
(8)Â
Advertise, prepare, print and distribute books, maps, charts and
pamphlets related to local agriculture that the Commission deems necessary
for its work;
(9)Â
Conduct research and prepare agricultural-related plans, including
a comprehensive local agricultural land plan which shall be, to the
extent possible, consistent with the Town of Groton's current
Master Plan and regional area plans, which may be amended whenever
the Commission deems necessary, and which shall show or identify:
(a)Â
Agricultural land areas and facilities within the Town of Groton;
(b)Â
Matters which may be shown on a tract index under MGL c. 184, § 33;
(c)Â
Acquisitions of interest in land under this section;
(d)Â
Municipal lands that are held as open space;
(e)Â
Nonmunicipal land subject to legal requirements or restrictions to
protect that land or its use for open space, conservation, recreation
or agriculture;
(f)Â
Land that should be retained as a public necessity for agricultural
use; and
(g)Â
Any other information that the Commission determines to be relevant
to local agricultural land use.
(10)Â
The Commission may appoint a Chair, clerks, consultants and other
employees and may contract for materials and services as it may require,
subject to appropriation by the Town of Groton;
(11)Â
The Commission shall maintain accurate records of its meetings and
actions and shall file an annual report with the Town Clerk and shall
also post the annual report on the Town's website and print it
in the Town's Annual Report for that year;
(12)Â
The Commission may purchase interests in the land only with funds
available to it. The Town Meeting may raise or transfer funds so that
the Commission may acquire, in the name of the Town, by option, purchase,
lease or otherwise, the fee in the land or water rights, conservation
or agricultural restrictions, easements or other contractual rights
as may be necessary to acquire, maintain, improve, protect, limit
the future use of, or conserve and properly utilize open spaces in
land and water areas within the Town, and shall manage and control
any such interests in land acquired pursuant to this bylaw; and
(13)Â
Pursuant to MGL c. 40, § 8L(h), the Commission may expend
any income derived from deposits or investments to a duly-created
Agricultural Preservation Fund of which the Treasurer of the Town
of Groton shall be the custodian.
B.Â
The
Commission shall adopt rules and regulations governing the use of
land and water under its control and shall prescribe civil penalties,
not to exceed a fine of $100, for any violation of said rules and
regulations.
C.Â
The
Commission shall not take or obtain land by eminent domain proceedings
pursuant to MGL c. 79, § 1 et seq.
[Amended 10-1-2018 ATM
by Art. 14]
The Commission shall consist of five members appointed by the
Town Manager, subject to approval of the Select Board for a term of
three years; provided, however, that the initial members appointed
under this section shall serve for terms of one, two, or three years,
and the Town Manager shall arrange the terms so that the terms of
approximately 1/3 of the Commission's members shall expire each
year. All members of the Commission must be residents of the Town
of Groton. Not less than three members shall be engaged in farming,
as defined in MGL c. 128, § 1A, or employed in an agriculture-related
field. If persons engaged in farming or persons employed in agriculture-related
fields are not available to serve on the Commission, then the Commission
shall include a majority of members with knowledge and experience
in agricultural practices or knowledge of related agricultural business.
The Town Manager, as the appointing authority, may remove a member
of the Commission for cause, after a public hearing if so requested
by the member. A vacancy created by the removal of a member for cause
shall be filled for the remainder of the unexpired term of the removed
member and in the same manner as the original appointment.
The Commission shall develop a work plan to guide its activities.
Such activities shall include, but are not limited to, the following:
serve as facilitators for encouraging the pursuit of agriculture in
Groton; promote agricultural-based economic opportunities in Town;
act as mediators, advocates, educators, and/or negotiators on farming
issues; work for preservation of prime agricultural lands or waters
within the Town of Groton; and pursue all initiatives appropriate
to creating a sustainable agricultural community.