[HISTORY: Adopted by the Town of Newbury as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-27-2008 ATM, Art. 25]
The purpose and intent of this by-law is to state with emphasis the right to farm accorded to all citizens of the Commonwealth under amendment Article 97 of the Massachusetts Constitution and all statutes and regulations thereunder including but not limited to General Laws Chapter 40A, section 3; Chapter 90, Section 9; Chapter 111, Section 125A; and Chapter 128, Section 1A. We the citizens of Newbury restate and republish these rights pursuant to the Town's authority conferred under the Home Rule Amendment to the Massachusetts Constitution.
This by-law encourages the pursuit of agriculture, promotes
agriculture-based economic opportunities, and protects farmlands within
the Town by allowing agricultural uses and related activities to function
with minimal conflict with abutters and Town boards and commissions.
This by-law shall apply to all jurisdictional areas within the Town.
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.
The words "farming" or "agriculture" or their derivatives shall
include, but not be limited to the following: farming in all its branches
and the 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 or lumbering operations; raising of livestock including horses;
keeping of horses as a commercial enterprise; and keeping and raising
of poultry, cattle, swine, 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.
"Farming" shall 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
agricultural products; and on-farm relocation of earth and the clearing
of ground for farming operations.
[Amended 11-12-2019 STM, Art. 13]
The right to farm is hereby recognized to exist within the Town
of Newbury. The above-described 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 in the neighborhood,
community, and society in general. The benefits and protections of
this by-law are intended to apply exclusively to those commercial
agricultural and farming operations and activities conducted in accordance
with generally accepted agricultural practices.
[Amended 5-26-2009 ATM, Art. 27]
Immediately upon the execution of a purchase and sale agreement
for the purchase of any real estate 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 Newbury, the landowner shall present
the buyer or occupant with a disclosure notification which states
the following:
"It is the policy of Newbury to conserve, protect and encourage
the maintenance and improvement of agricultural land for the production
of food, or 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 may cause noise,
dust or odors. Buyers and occupants are also informed that the location
of property within Newbury may be impacted by commercial agricultural
operations including the ability to access water services for such
property under certain circumstances."
A copy of the disclosure notification shall be signed by the
landowner prior to the sale, purchase, exchange or occupancy of real
property. A copy of the disclosure notification must be filed with
the Board of Selectmen prior to the sale, purchase, exchange or occupancy
of such real property. In addition, the Town may mail a copy of this
disclosure notification to all landowners once each fiscal year by
inclusion in its mailing of real estate or excise taxes.
Any violation of this section shall be subject to a fine of
$300 and shall be enforced by the Board of Selectmen or its designee.
The Town is authorized to enforce this section under the non-criminal
disposition provision of G.L. c. 40, § 21D.
The Town hereby establishes an Agricultural Commission to serve
as facilitator and advocate for encouraging the pursuit of farming
and agriculture in Newbury, and to promote agricultural-based economic
opportunities in the Town, which shall work with Town officials and
boards to promote and protect agricultural interests. The Commission
shall consist of five members appointed by the Board of Selectmen,
two members to be initially appointed for a term of three years, two
members for a term of two years, and one member for a term of one
year, all reappointments thereafter to be for a term on three years.
Up to three alternates may be appointed by the Board of Selectmen
for one year terms.
Any person who seeks to complain about the operation of a farm
may, notwithstanding pursuing any other available remedy, file a grievance
with the Board of Selectmen, the Zoning Enforcement Officer, or the
Board of Health, depending on the nature of the grievance. The filing
of a grievance does not suspend the time within which to pursue any
other available remedies that the aggrieved person may have. The Board
of Selectmen or Zoning Enforcement Officer shall forward a copy of
the grievance to the Agricultural Commission which shall review and
facilitate the resolution of the grievance, and report its recommendations
to the referring town officials. The Board of Health, except in cases
of imminent danger or a public health risk, shall forward a copy of
the grievance to the Agricultural Commission, which shall review and
facilitate the resolution of the grievance, and report its recommendations
to the Board of Health.
If any part of this by-law is for any reason held to be unconstitutional
or invalid, such determination shall not affect the remainder of this
by-law. The Town of Newbury hereby declares the provisions of this
by-law to be severable;
