[HISTORY: Adopted by the Town Meeting of the Town of Townsend as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-2007 ATM by Art. 21]
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 state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph I; Chapter 90, Section 9; Chapter III, Section 125A and Chapter 128, Section IA. We the citizens of Townsend 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"). This general bylaw encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Townsend 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, 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 camelids (such as llamas and camels),
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 of manure, fertilizers and pesticides;
(4)
Conducting agriculture-related educational and farm-based
recreational activities, including agri-tourism, 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 Townsend.
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 copy of the following disclosure notification shall be posted by the
Town to residents and property owners each fiscal year in one or more of the
following forms: official Town website, library, annual report, or by mail
in the Town census.
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"It is the policy of the Town of Townsend 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."
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Any person having a complaint about a farm or farming activity or practice
is encouraged to seek an amicable solution through resolution directly with
the owner or operator of the farm at issue. Such person may also, notwithstanding
the pursuit of other available remedies, file such complaint with the Board
of Selectmen. The Board of Selectmen may, at its sole discretion and to the
extent the Board believes resolution of the matter may be facilitated by involvement
of the Town, forward the complaint to the Agricultural Commission, if such
Commission is ever created by the Town, or other appropriate board or officer,
and request that recommendations for resolution be provided within an agreed
upon timeframe. Notwithstanding any other provision of this section, however,
the Board of Selectmen shall not be required to forward a complaint filed
with the Board in accordance with this section or to take any other action
whatsoever with regard thereto.
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 Townsend hereby declares the provisions of this bylaw to be severable.
