[HISTORY: Adopted by the Town of Sterling 4-26-1982 by Art. 30, approved
9-2-1982; amended 5-12-2008 ATM by Art. 43, approved 7-28-2008; readopted 5-14-2012 ATM by Art. 19, approved
10-11-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Retention/detention ponds — See Ch. 142.
A.
This bylaw shall be known as the "Sterling Agricultural
Districts Bylaw" and is adopted under the authority of MGL c. 40,
§ 21, and MGL c. 43B, § 13, as amended.
B.
It is the declared policy of the Town to conserve,
protect and encourage the development and improvement of its agricultural
land for the production of food and other agricultural products. The
purpose of this bylaw is the implementation of that policy through
providing for the creation of Agricultural Districts.
An Agricultural Commission is hereby created, comprised of a
minimum of three and maximum of seven members plus three numbered
alternates to be appointed by the Select Board for terms of three
years (except that initial terms shall be of lengths so that no more
than three expire in any one year). A majority of the membership shall
be substantially engaged in the pursuit of agriculture. The Commission
shall elect a Chair, Vice Chair, Treasurer and a Clerk. All decisions
shall require a positive vote of the majority of members present.
Alternates may be used by the order of their assigned number to form
a quorum and to vote in the absence of regular members. The Agricultural
Commission once appointed shall develop a work plan to guide its activities
as charged by the Select Board. Such activities include, but are not
limited to, the following: encouraging the pursuit of agriculture
in Sterling; promoting agricultural-based economic opportunities in
Town; mediating, advocating, educating and/or negotiating on farming
issues; working for preservation of agricultural lands; pursuing all
initiatives appropriate to retaining farming in Sterling; and pursuing
all initiatives appropriate to creating a sustainable agricultural
community and preserving the rural character of Sterling.
Agricultural Districts may be created or amended
only if consistent with the following:
A.
Creation of, dissolution of, or amendment of an Agricultural
District shall be initiated by petition to the Agricultural Commission
by one or more owners of agricultural property within the affected
area. Agricultural property shall mean property already within an
Agricultural District, or committed to agricultural use, as evidenced
by being valued under MGL c. 61A, as amended, or by other means. Only
land owned by petitioners or the Town of Sterling shall be included
within an Agricultural District, except that up to 10% of the district
area may with the written initial consent of the owners be other land
included to simplify district boundaries.
B.
Within 90 days of receipt of the petition, the Commission
shall hold a public hearing on the proposal, with notice given at
least seven days prior to the public hearing at the petitioner's expense
in a newspaper of general circulation in Sterling and in writing to
all owners of land within the affected area.
C.
No district shall be created unless it contains at
least 50 acres or unless the area of the district plus land in the
same ownership in another Agricultural District totals at least 50
acres.
D.
The petitioned creation, dissolution, or modification
of an Agricultural District or some revision thereof may be made by
vote of the Agricultural Commission, which vote shall be made within
30 days of the closing of the public hearing.
E.
Any petition refused by or not timely acted upon by
the Agricultural Commission may be placed on the warrant for a Town
Meeting in the manner prescribed in MGL c. 39, § 10, as
amended. In such cases a majority vote of the Town Meeting may create,
dissolve, or amend an Agricultural District, as petitioned.
The following shall apply within all Agricultural
Districts:
A.
In responding to complaints regarding activities associated
with farming activities within an Agricultural District, the Select
Board and the Board of Health shall draw attention to and reflect
the intent of MGL c. 111, § 125A, as amended, which limits
nuisance actions against agricultural activities.
B.
Consideration shall be given to possible impact on
continued agricultural activity within Agricultural Districts, in
designing public investments in water system extensions and other
facilities, in acquiring public land, and in designing zoning bylaws
and map amendments. When such Town actions are proposed, the Agricultural
Commission shall report on the consequences for Agricultural District
properties and make recommendations to the agencies concerned and
to the Town Meeting, consistent with the purpose of this bylaw.
C.
Priority for consideration by Select Board members
and other Town officials for proposed purchase of agricultural preservation
restrictions under MGL c. 184, §§ 31 to 33, shall be
given to property located within an Agricultural District.
D.
The design of betterment systems for public improvements
shall, to the extent permitted by law, avoid imposition of costs on
Agricultural District property whose agricultural use does not benefit
from those improvements.
