[HISTORY: Adopted by the Town of Sterling 5-12-2008 by Art. 44, approved
7-28-2008; readopted 5-14-2012 ATM by Art. 19, approved 10-11-2012. Amendments noted
where applicable.]
A.Â
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 MGL c. 40A, §  3, Paragraph
1; MGL c. 90, § 9; MGL c. 111, § 125A; and MGL
c. 128, § 1A.
B.Â
We the citizens of Sterling 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").
C.Â
This general bylaw encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town of Sterling by allowing agricultural uses and related activities
to function with minimal conflict with abutters and local agencies.
This bylaw shall apply to all jurisdictional areas within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any parcel or contiguous parcels of land or water
bodies used for the primary purpose of commercial agriculture, or
accessory thereto.
Encompass activities, including but not limited to the following:
Operation and transportation of slow-moving farm equipment over
roads within the Town;
Control of pests, including, but not limited to, insects, weeds,
predators and disease organisms of plants and animals;
Application of manure, fertilizers and pesticides;
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;
Processing and packaging of the agricultural output of the farm
and the operation of a farmer's market or farm stand including signage
thereto;
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
On-farm relocation of earth and the clearing of ground for farming
operations.
Their derivatives shall include, but not be limited to, the
following:
Farming in all its branches and cultivation and tillage of the
soil;
Dairying;
Production, cultivation, growing, and harvesting of any agricultural,
aquacultural, floricultural, viticultural, or horticultural commodities;
Growing and harvesting of forest products upon forest land,
and any other forestry of lumbering operations;
Raising of livestock including horses;
Keeping of horses as a commercial enterprise;
Keeping and raising of poultry, swine, cattle, sheep, 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.
The right to farm is hereby recognized to exist within the Town
of Sterling. 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 though 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 to those 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.Â
Not later than 21 days after the purchase and sale contract is entered
into, or prior to the sale or exchange of real property if no purchase
and sale agreement exists, for the purchase or exchange of real property,
or prior to the acquisition of a leasehold interest or other possessory
interest in real property, located in the Town of Sterling, the landowner
shall present the buyer or occupant with a disclosure notification
which states the following:
|
"It is the policy of this community 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 buyers or occupants that the property they are about
to acquire or occupy 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. 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."
|
B.Â
A copy of the disclosure notification shall be given on a form prepared
by the Town and shall be signed by the landowner prior to the sale,
purchase, exchange or occupancy of such real property. A copy of the
disclosure notification must be filed with the Select Board or its
designee prior to the sale, purchase, exchange or occupancy of such
real property. In addition to the above, a copy of this disclosure
notification shall be provided by the Town to landowners each fiscal
year by mail.
Any person who seeks to complain about the operation of a farm
may, notwithstanding pursuing any other available remedy, file a grievance
with the Select Board, the Zoning Enforcement Officer, or the Board
of Health, depending upon the nature of the grievance. The filing
of the grievance does not suspend the time within which to pursue
any other available remedies that the aggrieved may have. The Zoning
Enforcement Officer or Select Board shall forward a copy of the grievance
to the Agricultural Commission or its agent, which shall review and
facilitate the resolution of the grievance, and report its recommendations
to the referring Town authority within an agreed-upon time frame.
The Board of Health, except in cases of imminent danger or public
health risk, shall forward a copy of the grievance to the Agricultural
Commission or its agent, which shall review and facilitate the resolution
of the grievance, and report its recommendations to the Board of Health
within an agreed-upon time frame.
If any part of the bylaw is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of the bylaw.
The Town of Sterling hereby declares the provisions of this bylaw
to be severable.
